The defendant shall be innocent.

1. On April 26, 200, at around 21:38, the Defendant: (a) operated in excess of 10 tons of the limitation axis by a person who is an employee of the Korea Highway Corporation, loaded and operated freight of 11.1 ton of B cargo vehicles owned by the Defendant in front of the Ulsan Highway, Ulsan Expressway; and (b) operated the freight of 11.1 ton of B cargo vehicles owned by the Defendant.

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.