The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) around 14:12 on August 27, 2007, the Defendant, who is his employee, operated the said vehicle with freight exceeding 11.05 tons of the weight of 10 tons from the 16.5km Incheon, at a point of 16.5km in the direction of light-line Incheon, and operated the said vehicle and violated the vehicle operation restriction of the road management authority.

2. The prosecutor of the judgment applied Article 86 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Apr. 21, 2008; Act No. 8976, Mar. 21, 2008) to the above facts charged. Accordingly, the summary order of a fine of KRW 3 million was notified to the defendant and confirmed by the court. However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that Article 86 of the above Act is against the Constitution (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009) that Article 86 of the above facts charged should retroactively lose its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant under the forepart of Article 325 of the Criminal Procedure Act.