The defendant shall be innocent.

1. On December 13, 2005, around 15:09, the Defendant violated the limitation on vehicle operation by running the said vehicle while the Defendant’s employees are loaded with C freight exceeding 44.82t (construction glass) with a statutory gross weight exceeding 40t on the part of C freight in relation to his/her duties.

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.