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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged in this case is as follows: B, an employee of the defendant, loaded and operated a dump gun with a height exceeding 4.2m height exceeding 4.0m on the road of the 31st line of the Yan National Road of the Yancheon-gun, Chungcheongnam National Road of Yongsan-do on September 5, 2003, and thus, it violated the vehicle operation restriction by the road management authority. Accordingly, Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005), which is the punishment law for the above facts charged, is ruled unconstitutional by the Constitutional Court on December 28, 2010 (amended by Act No. 7832 of Dec. 30, 2005) and retroactively loses its effect (Article 47(3) main sentence of the Constitutional Court Act), and this case constitutes a crime not committed under the former part of Article 325 of the Criminal Procedure Act.