The defendant is innocent.

1. The summary of the facts charged is that at around 17:05 on January 23, 1995, the Defendant, an employee of the Defendant, operated B vehicles with a weight of 11.4 tons in excess of 10 tons on the 3.7km road at Hannam-si Seoul Southern Highway, Seoul, and thus violated the road management authority’s restriction on vehicle operation by driving B vehicles with a weight of 11.4 tons.

2. As to the pertinent part of Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the aforementioned facts charged, lost its effect by the Constitutional Court ruling, such as Constitutional Court Decision 201Hun-Ga38, Oct. 28, 2010.

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.