The defendant shall be innocent.

1. The summary of the facts charged of this case is that at around 17:49 on September 5, 1996, the Defendant, who is an employee at the front of the Gyeong-do Highway and its Business Office, loaded and operated the cargo of 11.1 ton on the third axis of the freight vehicle and operated the cargo exceeding 10 ton on the restricted axis.

2. Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality, such as Supreme Court Decision 2010Hun-Ga38, Oct. 28, 2010.

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.