The defendant shall be innocent.

1. On March 1, 2005, at around 05:29 on March 1, 2005, the Defendant was the owner of A truck, and around 200: (a) around 05:29, the employees of B violated the restriction on operation by loading freight of 11.40 tons on the 2 axis and operating the said vehicle in excess of 10 tons of a stable weight at a point 26.5 km point at the Dong-gun Port Corporation.

2. The judgment prosecutor instituted a public action by applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), and the sentence of a fine of 300,000 won was finalized by a summary order No. 2005Da1466 of Aug. 23, 2005, 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, and this part shall retroactively lose its effect 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.