The defendant shall be innocent.

1. On October 16, 2007, the Defendant is the owner of a truck A, and the employee B violated the restrictions on operation by loading a total weight of more than 44.1 tons at a Dong/Simsan store located at a coast guard 137.3kim 10:07 on October 16, 2003 and operating the said vehicle.

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. 204 high-level3219 of Dec. 18, 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 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.