The defendant shall be innocent.

1. On January 7, 2003, at around 21:35, the Defendant: (a) operated the said vehicle by loading freight of more than 15.9t (5.9t) and 16.5t (6.5t), total weight of 57t (17t) and 57t (17t) of B freight in relation to its duties, even though the Defendant restricted the operation of a vehicle exceeding 10t of 10t in order to preserve the structure of the road and prevent the risks of traffic.

2. 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 a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

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.