The defendant shall be innocent.

1. Around November 12, 2001, at a point of 159 km from the flag point of the Gwangju metropolitan highway in the direction of the Seoul metropolitan highway, the Defendant violated the restrictions on the operation of vehicles by the road management authority by loading and operating freight of 11.36 tons exceeding C24 tons owned by the Defendant in relation to the Defendant’s business (10 tons of a stable weight).

2. The provision of the former Road Act, which was applied to the above facts charged, was retroactively invalidated by the Constitutional Court that declared that the provision was unconstitutional.

Therefore, since the above facts charged constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.