A. On July 21, 2007, around 00:48, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating freight of 11.52 tons on the fifth axis of BF vehicles owned by the Defendant in relation to the Defendant’s business at the location of Busan located within the direction of Busan located within the direction of Busan located within the boundary of 102 kilometers.

B. On the same day, around 01:13, around the 01:13 South Sea Highway, A, while loading and operating freight of 1.13 tons of the freight truck on the 5th 11.13 tons of the above freight truck with respect to the Defendant’s duties, violated the restriction on the operation of the vehicle by the road management authority.

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality on July 30, 2009.

Thus, 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.