The defendant shall be innocent.

1. On May 18, 2004, the Defendant is the owner of the freight vehicle A, and the employee B violated the restriction on operation by loading and operating freight of more than 12.210 tons on the 5 axis of the said vehicle at the Incheon Business Office located at 16.5km away from the Seoul Highway direction, 16.5km away from May 18, 2004, with respect to the Defendant’s duties.

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 wholly amended by Act No. 7832 of Dec. 30, 2005), where a fine of 500,000 won was finally determined by a summary order of 2004 high-ranking9483 of October 5, 2004, but Article 86 of the above Act provides that "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, a fine of the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court decision of 2010Hun-Ga38 of 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.