The defendant shall be innocent.

1. The summary of the facts charged in this case is that at around 02:26 on December 10, 1994, the Defendant violated the restriction on the operation of vehicles by the road management authority by loading and operating the freight of 11.1 ton of BF vehicles owned by the Defendant at the third axis of the BF vehicles owned by the Defendant in relation to the Defendant’s business at the upstream of the Hanam Highway.

2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995), which is a joint penal provision, was retroactively invalidated due to the Constitutional Court’s decision of unconstitutionality as of December 29, 201.

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.