The defendant shall be innocent.

1. On July 18, 2005, the Defendant is the owner of A truck, and around 20:46 on July 18, 2005, the Defendant violated the restriction on operation by loading the cargo of more than 44.04 tons of total weight at a point 5 km in the old direction of the metropolitan metropolitan cycle road, e.g., 5 km in the old direction, and operating the said vehicle.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008), filed a public prosecution, and a fine of 500,000 won was finalized by a summary order of December 9, 2005 and a fine of 14391 of this Court. However, in Article 86 of the above Act, where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, the portion of the fine of the corresponding Article shall also be imposed on the corporation, which was retroactively invalidated by the Constitutional Court Order No. 2008Hun-Ga17 of Jul. 30, 2009.

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.