The defendant shall be innocent.

1. Summary of the facts charged in this case

A. On December 9, 2002, the Defendant is operating in excess of 1.4 tons of freight exceeding 2.0 tons of 1.4 tons and 10 ton of the limitation axiss by loading and operating freight exceeding 2.0 tons on the 4th axis of B freight vehicles owned by the Defendant with respect to the Defendant’s business on the national highways prior to the office of the road construction site in front of the office of the Defendant;

B. On July 24, 2003: (a) around 05:46, the Korea Highway Corporation around the 177 km branch office of Honam line 177 km, which was operated in excess of 10 tons of the limitation axis by loading and operating over 2.25 tons of the above cargo on the fifth axis of the above vehicle in relation to the Defendant’s business.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which is a joint penal provision, was retroactively invalidated due to the Constitutional Court’s decision of unconstitutionality on October 28, 2010, Article 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merged) of the same Act.

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.