The defendant shall be innocent.

1. Around January 9, 2008, the summary of the facts charged in this case was around 09:21, the Defendant loaded beer on B truck and operated the beer in excess of the restriction on November 11, 2000 tons at the Young-dong Highway 990-1 located in Yacheon-si, Young-si. A, the Defendant’s employee, loaded beer on B truck and operated the beer more than the restriction on B truck.

2. A public prosecutor has the ground for Article 86 and Article 83 (1) 2 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) as to the facts charged of this case. However, the above provision becomes unconstitutional as of July 30, 2009 by Constitutional Court Decision No. 2008HunGa17 of July 30, 2009 and retroactively lost its effect as prescribed in the proviso of Article 47 (2) of the Constitutional Court Act. In the event the above provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision of the Act shall be deemed to constitute a crime.

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.