The defendant shall be innocent.

1. On March 9, 200, the Defendant is the owner of a truck A, and around March 08:34, 200, the Defendant violated the restriction on operation by loading the freight of 11.1 ton on the 2 axiss exceeding 10 ton of the limited reduction weight in the front of the new carbon control inspection station of the Korea Highway Corporation, 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 wholly amended by Act No. 7832 of Dec. 30, 2005), shall institute a public action, and the sentence of a fine of KRW 300,00 is finalized by a summary order No. 200 high-ranking564 of Jun. 7, 2000, but Article 86 of the above Act provides that "if an agent, employee or other employee of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the fine under the corresponding Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court ruling 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.