The defendant shall be innocent.

1. Around June 22, 2004, the Defendant violated the restriction on the operation of vehicles (limited weight 10t) by carrying freight of 11.23t on the fourth axis of B vehicles in relation to the Defendant’s work at the Korea Highway Corporation at a point of 284 km in the direction of publication of the coast Highway.

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.