The defendant shall be innocent.

1. On February 10, 2003, the Defendant: (a) around 13:15 on February 13, 2003, at the top-down Eup business office at the Honam Expressway 129km; (b) on the other hand, the Defendant cannot operate more than 40t of total weight and 10t of limited weight; and (c) on the other hand, A, an employee of the Defendant, violated the restriction on the operation of the said vehicle by operating B cargo loaded with freight of 1.3t to 11.3t of total weight and 1.33t of total weight with respect to its business

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

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.