The defendant is innocent.

1. Around March 16, 2005, the Defendant violated the restrictions on the operation of vehicles of the road management agency by loading and operating a total weight exceeding 44.06 tons of A truck with gross weight exceeding 40 tons at around 40 tons in the place of business in the south Sea of the Highway, Kim Jong-do.

2. In the decision of 2010 Hun-Ga23, 24, 36, 39, 47, and 50 (Joint) rendered on October 28, 2010, the Constitutional Court rendered a decision that "where an agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in connection with the corporation's business, the part of the above provision of the Act retroactively loses its effect pursuant to the proviso to Article 47 (2) of the Constitutional Court Act, which applies the above facts charged by the prosecutor.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.