The defendant shall be innocent.

The summary of the facts charged in the instant case (Seoul District Court Decision 2013 Inventory341) is that the Defendant, a cargo transport company, was in violation of the restriction on the operation of vehicles by carrying more than 11.48 tons of freight on the third axis and operating A freight truck at the front of the Daegu Highway Branch of 28.5km, around August 31, 2005, at around 22:05, in excess of 10 tons of the limited axis, at the front of the Daegu Highway Branch of Korea Highway.

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 facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2010, Oct. 28, 2010.

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.