The defendant shall be innocent.

1. On February 4, 2004, the Defendant is the owner of A truck, and around 23:54 on February 4, 2004, the Defendant violated the restriction on operation by carrying a cargo of 11.18 tons at a gold shed at a point of 154 km in Honam Line and operating the said vehicle in excess of 10 tons of a stable weight.

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 500,000 won was determined by the summary order No. 205Ga746 of Jun. 2, 2005, but where an agent, employee or other employee of a corporation commits an offense under Article 83(1)2 of the above Act, the portion of the "the fine under Article 83(1) 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.