The defendant shall be innocent.

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by carrying a cargo of 11.2 tons on the front of a 306 km point in the Southern Sea Highway, in excess of 10 tons of a stable weight, and operating the said vehicle, around March 12, 1997, at around 22:32, 197.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), where a fine of 500,000 won was determined by a summary order No. 97Da1359 of Jul. 31, 1997, but where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the above Act, the portion of "where the agent, employee or other employee of the corporation commits a violation under Article 83(1)2 of the Act, a fine under Article 86 of the same Act shall also be imposed on the corporation, which shall be retroactively invalidated by the Constitutional Court ruling No. 2010, Oct. 28, 2010.

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.