The defendant shall be innocent.

1. The summary of the facts charged is around 09:50 on May 9, 2003, at the Incheon direction-based Seoul direction-setting 16.5km-line, and the total weight of which can not exceed 10t, but the Defendant’s employee A loaded the freight of more than 2.355t on the second axis of B truck in relation to his duties and operated the said vehicle.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.