The defendant shall be innocent.

The summary of the facts charged in the instant case is that “the Defendant violated the restriction on the operation of vehicles by having his employees operate B dump trucks in excess of the restriction weight, such as the first axis, on the 3-line roads of the Geumcheon National Road located in the Geumcheon National Road located in Geumcheon National Road, from April 2, 2004, on the 11:10 on April 2, 2004.”

The prosecutor prosecuted the above charged facts by applying the joint penal provisions under Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 8976 of Mar. 21, 2008). As to this, the summary order of KRW 300,000 was notified to the defendant through the summary order subject to review.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that Article 86 of the above Act is in violation of the Constitution against the principle of responsibility (Supreme Court Order 2010HunGa24 Decided October 28, 2010) and thus, the above legal provision, which is a applicable provision of the facts charged, retroactively loses its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.