The defendant shall be innocent.

1. On January 16, 2008, the Defendant: (a) around 09:01, operated D truck loaded with freight of 11.03t on the 2 axis in excess of 10t out of the limitation on the Defendant’s duties at the Young-dong Highway Business Office 797-6, Young-gu, Suwon-si; and (b) the Defendant’s employees operated D truck loaded with freight of 11.03t on the 2 axis.

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the above facts charged was retroactively invalidated by the Constitutional Court Decision 2008Hun-Ga17 Decided July 30, 2009.

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.