Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On May 10, 2004, around 17:35, 2004, the Defendant’s employees C violated the Defendant’s vehicle operation restriction by loading freight of more than 44.18t with gross weight exceeding 40 tons on the 39th line of the national road in the Dogin-si, Dogin-si, Asan-si. The Defendant’s employees violated the Defendant’s vehicle operation restriction.
2. Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which is the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on October 28, 2010, and accordingly, the said provision of the Act retroactively lost its effect.
3. As the facts charged in the instant case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment of the Defendant is publicly announced pursuant to Article 58