The defendant shall be innocent.

1. On August 28, 2006, around 11:17, the Defendant: (a) loaded freight of 11.07 tons exceeding 10 tons of H vehicle on the second axis in relation to the Defendant’s work; (b) operated the said vehicle at the office of business of the Korea Highway Corporation in Pyeongtaek-Ying Highway, 204-1 located in Pyeongtaek-Ying-Ying Highway; and (c) the Defendant’s employees loaded freight of 11.07 tons of H vehicle.

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 above facts charged, retroactively loses its effect by the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009.

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.