The defendant shall be innocent.

1. The Defendant is the owner of A truck, and the employee B violated the restriction on operation by loading the cargo of 11.1 ton on the road, which exceeds 10 ton of a stable weight, on December 29, 2003, at a point of 4.2 km in the south Sea Line 14:50 on December 29, 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 determined by the summary order No. 204 high-level789 of Jul. 19, 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) of the above Act shall also be imposed on the corporation, and this part shall retroactively lose its effect by the Constitutional Court Order No. 2010, 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.