The defendant shall be innocent.

1. On April 3, 1996, at around 17:07, the Defendant loaded and operated freight exceeding 11.1 ton of 11.1 ton of B car trucks in excess of 10 ton of 3 ton of B car trucks with respect to his duties, which is an employee on the road of the Gyeongnam Highway Line Business Office.

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.