도로법위반
The defendant shall be innocent.
1. Around December 1, 2003, the Defendant violated the vehicle operation restriction (limited weight 10t) by loading freight of 11.30t at the fifth axis of B freight vehicles (construction waste) with respect to the Defendant’s work at the audience direction-setting 6.5km point of the outer cycle line, and the Defendant’s employees violated the vehicle operation restriction (limited weight 10t).
2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.
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.