도로법위반
The defendant is innocent.
1. On September 12, 2005, at around 16:25, the Defendant, an employee of the Defendant, operated B car truck with a weight of 11.7 tons in excess of 10 tons in front of the mid-to long-term 361.5km branch office, Seoul Metropolitan Office, at a point of 361.5km along the mid-to long-term highway, thereby violating the restriction on vehicle operation by the road management authority.
2. As to the pertinent part of Article 86 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), which is the applicable provisions of the aforementioned facts charged, lost its effect by the Constitutional Court ruling, such as Constitutional Court Decision 201Hun-Ga38, Oct. 28, 2010.
Thus, the above facts charged 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.