The defendant shall be innocent.

1. The summary of the facts charged in the instant case is that the Defendant loaded and operated freight of 4.21 meters higher than 4 meters at the 51.9 kilometer branch office of Incheon Korea Highway Corporation, located in the 760-1 Seoul, the Gyeong-do New Metropolitan City, Kimpo-si, Seoul, on March 1, 2004.

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.