도로법위반
The defendant shall be innocent.
1. The summary of the facts charged in this case is that the Defendant violated the restriction on operation by loading and operating B freight vehicles 1.18 tons at the second axis of B in relation to his duties at the Korea Highway Corporation located at a point of 76.2 kilometers in the 76.2 kilometers in the order of patrol point of the Southern Sea Highway at around January 24, 2008.
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.