The defendant shall be innocent.

1. On May 28, 2007, around 07:25, the Defendant violated the restriction on vehicle operation by running the vehicle in a state where the Defendant’s employee C loaded the 45.23t cargo (construction waste) with D truck’s legal gross weight exceeding 40t in relation to the Defendant’s business at the Gun of Young-dong Incheon Korea Highway Corporation (10km).

2. Article 86 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) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect by the Constitutional Court Decision 2008Hun-Ga17 decided July 30, 2009.

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.