The defendant shall be innocent.

1. On June 13, 2006, the Defendant is the owner of C truck, and D, an employee of the Defendant, loaded freight of more than 11.17 tons from the 17-line national highways located in Ku Mancheon-si National Highway, Jeoncheon-si, in writing, at 18:12 on June 13, 2006, and violated the restriction on operation by 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. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Nov. 16, 2006; a fine of 300,000 won was finalized by summary order No. 2674, Nov. 16, 2006; however, in Article 86 of the above Act, "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 the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court decision No. 2008Hun-Ga17, Jul. 30, 2009.

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.