The defendant shall be innocent.

1. The Defendant is the owner of a truck. On September 21, 2001, around October 10:31, 2001, the Defendant violated the restriction on operation by loading the freight of the 11.3 tons on the 2 livestock shed, which exceeds 10 tons of a stable weight at the front of the new carbon control inspection station of the Korea Highway Corporation, and operating the said vehicle.

2. The part of 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) that “if an agent, employee, or other employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, a fine of KRW 700,00 has been determined by the summary order subject to review, but Article 86 of the same Act provides that “if the agent, employee, or other employee of the corporation commits an offense provided for in Article 83(1)2, the corporation shall also be punished by a fine provided for in the corresponding Article,” which states that the Constitutional Court shall retroactively lose its effect by decision 2010Hun-Ga38 of Oct. 28

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.