The defendant shall be innocent.

1. A violation of the restriction on operation by carrying a sand of 12.1 ton and 11.9 ton of a D dump truck owned by the defendant on the third axis of the 15th, Daegu Northern-gu, Daegu, on December 17, 1994, around 17:05, even though the defendant's employee is prohibited from operating in excess of 40 tons of gross weight and 10 ton of gross weight in order to preserve the structure of the road and prevent the danger of operation.

2. The penal provisions applicable to a summary order subject to review are retroactively invalidated by each decision of unconstitutionality rendered on December 29, 201, the Constitutional Court rendered 201Hun-Ga24, 2012Hun-Ga18, and 2012Hun-Ga18, October 25, 2012, and 2013Hun-Ga25, each of which is rendered on November 28, 2013. Thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.