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The defendant shall be innocent.
Reasons
1. On June 13, 1994, at around 14:52, the Defendant violated the restriction on the operation of the vehicle by the road management authority with respect to the Defendant’s duties performed by the said driver, who is the employer, by loading freight of 1.8 tons on the 2nd axis of the vehicle and operating the truck in excess of 10 tons of the restricted 1.6 tons on the front of the 29th line construction department of the bankruptcy-ri National Road, Do-nam National Road 29, a Do-ri National Road, and the mobile control center for the movement of vehicles.
2. However, the penal provisions of the Road Act applied to the defendant among the applicable provisions of the facts charged in this case have lost its effect retroactively according to the Constitutional Court's decision of unconstitutionality.
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.