The defendant shall be innocent.

1. On November 29, 2002, around 20:57, the Defendant violated the restriction on operation by loading cargo of more than 44.2 tons of total weight on the street of the Korea Highway Corporation at a point of 28.4km in the south Sea Line 28.4km between the Jinyang and Man-do, 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 amended by Act No. 7832 of Dec. 30, 2005), where a fine of 500,000 won was determined by the summary order No. 2035 of Apr. 1, 2003, but where an agent, employee or other employee of a corporation commits a violation under Article 83(1)2 of the above Act, the portion of "where the agent, employee or other employee of the corporation commits a violation under Article 83(1)2 in connection with the business of the corporation, a fine under Article 86 of the above Act shall also be imposed on the corporation, which shall be 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.