The defendant shall be innocent.

1. At around 10:32 on May 8, 2004, C, a summary of the facts charged, loaded construction materials on D freight at a Myeondododomen 254-3, Young-dong Highway, 177.5 km at a Myeondomen Myeondomen Gyeong-dong Office, Gangwon-do, Incheon, in relation to the Defendant’s duties, and operated the said vehicle in excess of 10 tons, which is the base weight of 1.4 tons and 3 11.7 tons of the said vehicle, with 10 tons of 1.4 tons and 1.7 tons of 1.7 tons of the said vehicle.

2. The prosecutor brought a public action against the facts charged in the instant case by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter “former Road Act”). However, the part that “where an agent, employee, or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act due to the decision of the Constitutional Court on Oct. 28, 2010, Article 86 of the former Road Act (amended by Act No. 1014, Oct. 14, 2010; 15, 21, 27, 35, 38, 44, and 70 of the same Act, the portion that “if the corporation commits a violation under Article 83(1)2 of the same Act, the corporation shall also be punished by a fine under the relevant Article” becomes retroactively null and void.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.