The defendant shall be innocent.

1. On May 11, 1996, at around 18:39 on May 11, 1996, the Defendant, who is the owner of a truck A, violated the restriction on operation by loading the freight of 11.5 tons at the third axiss exceeding 10 tons of the restricted weight at the inner control autopsy of the Korea Highway Corporation.

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 by Act No. 7832 of Dec. 30, 2005), where a fine of KRW 300,00 was determined by the summary order of August 22, 1996 and Article 86 of the same Act, but where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 in relation to the business of the corporation, the portion of "the fine of the corresponding Article shall be imposed on the corporation shall also be imposed on the corporation," which was retroactively invalidated 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.