The defendant shall be innocent.

1. The summary of the facts charged in the instant case, around 06:49 on June 19, 2007, the Defendant: (a) operated the 11.02 tons of D cargo vehicles exceeding 10 tons in weight of D cargo vehicles; (b) operated the 135 kilometers of Busan 135 kilometers of its business at the 135 kilometers of Busan Corning Line; and (c) operated the 11.02 tons of restricted weight.

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 facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality on July 30, 2009.

Thus, the facts charged in this case 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.