The defendant shall be innocent.

1. Around January 9, 2007, the Defendant: (a) around 06:24, and around 316.9km at the coastline 316.9km; (b) the Defendant’s employees violated the vehicle operation restrictions (limited weight 10t) of the road management authority by operating the Defendant’s vehicle while loaded with freight of 11.08t on the 4 axis of B freight vehicles in relation to the Defendant’s work.

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.