The defendant shall be innocent.

1. On February 26, 2003, around 23:44, on the part of the Defendant, the Defendant, an employee of the Defendant, operated the said vehicle with loaded freight exceeding 11.4 tons of the weight of 10 tons at a point of 381km in Gyeong-si, Busan, about February 26, 200, and violated the restriction on the operation of the vehicle by the road management authority.

2. The prosecutor of the judgment applied 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) to the above charged facts. As to this, the summary order of a fine of 300,000 won was notified to the defendant and confirmed by this court, but the Constitutional Court decided that Article 86 of the above Act is in violation of the Constitution (Supreme Court Order 2010Hun-Ga38 of Oct. 28, 2010) after the above summary order became final and conclusive, Article 86 of the above Act was retroactively invalidated.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant under the forepart of Article 325 of the Criminal Procedure Act.