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The defendant shall be innocent.
Reasons
1. On April 17, 1994, the summary of the facts charged, the Defendant loaded and operated the Defendant’s business at around 11:55 on April 17, 1994, and 10.9 tons of the limited 10 tons of the 3 axis of the B vehicle on the road in front of the 1.5km-ro, Daegu-gu Office of Public Corporation.
2. We examine the judgment. The effect of Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), which is the legal provision applicable to the facts charged of this case, was retroactively lost pursuant to the Constitutional Court Order 201Hun-Ga24 of Dec. 29, 201 and the proviso of Article 47 (2) of the Constitutional Court Act, and thereby, the facts charged in this case are not a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.