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The defendant shall be innocent.
Reasons
1. Around 18:42 on October 30, 1993, the Defendant violated the restrictions on the operation of vehicles by the road management authority by loading and operating freight of 11.5 tons on the two axiss of the vehicle in excess of C8 tons truck owned by the Defendant in relation to the Defendant’s business at the Busan Control Station at a point 423.5km Busan Control Station.
2. The provision of the former Road Act, which was applied to the above facts charged, was retroactively invalidated by the Constitutional Court that declared that the provision was unconstitutional.
Therefore, since the above facts charged constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.