The defendant shall be innocent.

1. On November 22, 2005, the Defendant violated the restriction on the operation of vehicles by loading and operating more than 12.06 tons of B freight cars owned by the Defendant at a Ulsan mountain place located four kilometers in the glive point of the glive engine of Ulsan on November 22, 2005, which is an employee of A, in relation to the Defendant’s work.

2. Of the applicable provisions of the facts charged in this case, 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 a joint penal provision, was retroactively invalidated due to the Constitutional Court’s decision of unconstitutionality on October 28, 2010, Article 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merged) of the same Act.

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.