The defendant shall be innocent.

1. On January 4, 2004, at around 22:29, the Defendant was the owner of a truck A, and around January 4, 2004, the Defendant violated the restriction on operation by loading freight exceeding 11.36 tons of gross weight on the sixth axis and exceeding 40 tons of gross weight 45.59 tons 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), where a fine of KRW 1,00,00 was determined by a summary order subject to review, but Article 86 of the same Act provides that "where an agent, employee or other worker of a corporation commits an offense under Article 83(1)2 in connection with the business of the corporation, the corporation shall be punished by a fine under the relevant Article, even if the corporation is punished by a fine," the portion that "if the agent, employee or other worker of the corporation commits an offense under Article 83(1)2 of the same Act, the Constitutional Court Order 2010Hun-Ga38 of Oct. 28,

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.