The defendant is innocent.

1. The summary of the facts charged is related to the defendant's work, A who is his employee,

A. A. On September 20, 2004, around 09:22, in excess of 52.5 km from the Incheon East Expressway point of business office of the Korea Highway Corporation at 52.5 km, 11.02 tons of weight 3, 11.02 tons of weight, and 11.21 ton of weight 4.21 tons, a vehicle operation restriction by a road management authority is violated;

B. Around 13:40 on October 5, 2004, at a point of 52.5 km in Young-dong Expressway Incheon, the Korea Highway Corporation, 52.5 km in front of the business site of the Korea Highway Corporation, which, in excess of 10 tons in weight of 3:1.14 tons, and 11.15 tons in weight of 4.15 tons, the road management authority violated the vehicle operation restrictions.

2. As to the pertinent part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the aforementioned facts charged, lost its effect by the Constitutional Court ruling, such as Constitutional Court Decision 201Hun-Ga38, Oct. 28, 2010.

Thus, the above facts charged 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.