The defendant shall be innocent.

1. The summary of the facts charged in this case was around 12:40 on July 15, 2003, at the coastline Seoul office, and C, an employee of the Defendant, operated the 2 axis of D freight vehicles with the 11.43 tons of legal limitation, which exceeds 10 tons of the reduction of legal restrictions.

2. The prosecutor instituted a public prosecution against the facts charged in the instant case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995 and by Act No. 7832 of Dec. 30, 2005). However, the above provision was decided as unconstitutional by the Constitutional Court decision of Oct. 28, 2010 (amended by Act No. 2010Hun-Ga38, etc.) and retroactively lost its validity as prescribed in the proviso of Article 47(2) of the Constitutional Court Act. As such, where the law or the legal provision of the Punishment Act becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a case where the defendant's case that was not a crime.

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.