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The defendant shall be innocent.
Reasons
The summary of the facts charged in the instant case is that the Defendant, as a cargo transport company, committed a violation of the restriction on the operation of the vehicle by the road management authority by operating the B truck with B truck loaded with freight of 11.65 tons and gross weight of 46.91 tons, in excess of 10 tons of the restricted axis at the point of 10km of the Young-dong Highway at around 20:59 on December 8, 2005, at the point of 10km of the restricted axis and the gross weight of 40
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), which is the applicable provisions of the Act to this, has lost its effect by decision of unconstitutionality on 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.