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The defendant shall be innocent.
Reasons
1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by operating the said vehicle at a load of 2.74 meters in width exceeding 2.50 meters from the ICri-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-gu, Seoul Metropolitan Government around 10:07 on September 5, 2005 with respect to his 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 amended by Act No. 7832 of Dec. 30, 2005), where a fine of 300,000 won was finalized by a summary order No. 2005 of Feb. 28, 2006, 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 under Article 83(1) shall also be imposed on the corporation, which shall be imposed on the corporation, is retroactively invalidated by the Constitutional Court Order No. 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.