The defendant shall be innocent.

1. On March 22, 2007, the Defendant is the owner of a truck A, and the employee B violated the restriction on operation by loading the freight of 11.48 tons on the 2 axiss in excess of 10 tons at the examination room for the restriction on operation, located in the front-North west-gun, a superior of the front-North west-gun during operation, along with the line of No. 17 National Highway around March 14, 2007, with regard to his duties.

2. The judgment prosecutor instituted a public prosecution in accordance with Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter the same) and determined a fine of KRW 300,000 as a summary order subject to review. However, in Article 86 of the above Act, “if 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 corporation shall be punished by a fine under the corresponding Article, as well as the corporation, 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.