The defendant shall be innocent.

1. On August 6, 1995, the Defendant: (a) around 21:22 on August 6, 1995, the driver of the vehicle under his jurisdiction operated the 11.6 tons of cargo loaded with the 10 tons or more of the restricted axis while driving the B-vehicle on the front of the Don Highway.

2. The penal provisions of the Road Act applied to the defendant among the applicable provisions of the facts charged in the instant case have retroactively lost effect according to the Constitutional Court’s decision of unconstitutionality.

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.