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The defendant shall be innocent.
Reasons
1. Around November 28, 2005, the Defendant violated the restriction on vehicle operation by a road management authority by loading and operating freight exceeding 12.25 tons of an I 5 tons of truck owned by the Defendant with respect to the Defendant’s business at the location of the Korea Highway Branching Office 32.2km in the direction of the 32km in the direction of the Trackn Highway.
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.