The defendant shall be innocent.

1. Around February 27, 2007, around 05:35, the Defendant violated the restriction on the operation of a vehicle by a road management authority by operating the said vehicle in a condition that it is loaded with freight of at least 11.35t of a small weight exceeding 1.35t of the control standard for the Defendant’s duties, at the front of the Seoan Industrial Complex located in the direction of new branch of 64-5m East East-dong Highway 12.5m East-dong Highway 12.5m East-dong Highway.

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect by the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009.

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.