The defendant shall be innocent.

1. On November 26, 2003, the Defendant: (a) around 05:31 on November 26, 2003, the Defendant: (b) on the front side of the Korea Highway Corporation, a branch of the Western Highway 124.86 kilometers, C, an employee of which loaded and operated freight of 4.21 meters high in height on D trucks, and operated more than 4 meters high in height.

2. Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) 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, such as Supreme Court Decision 2010Hun-Ga38, Oct. 28, 2010.

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.