The defendant shall be innocent.

1. On May 23, 2005, the Defendant violated the vehicle operation restriction (limited weight 10t) by carrying the Defendant’s 11.13t type of J freight vehicle on the 1st axis of the J freight vehicle and operating the said vehicle at a Gun unit located 10 km point in Young-dong Highway at 05:22 meters.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

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.