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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) around 11:07 on November 24, 2005, the Defendant, as his employee, operated the above vehicle with freight exceeding 11.14 metric tons at the point of 6.5 km from the starting point of the offline of the offline of the Seoul Outgoing Highway (Seoul), and (b) around 13:21 on December 19, 2005, at the point of 26.9 km from the offline of the offline of the Seoul outgoing Highway (2) around 13:21 on December 19, 2005, he operated the above vehicle with freight exceeding 1.14 metric tons of the restricted weight of 10 metric tons at the temporary vehicle number D at the point of 26.9 km, and (c) around 11:44 on January 21, 2006, without restricting the weight of the above vehicle from the point of 26.4 metric tons of the above.425 metric tons.
2. The prosecutor charged the above charged facts by applying Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, by Act No. 7832 of Dec. 30, 2005, by Act No. 7832 of Dec. 30, 2005, and by Act No. 8976 of Mar. 21, 2008), and the summary order of 500,000 won was notified to the defendant by Act No. 2006Ga45 of March 21, 2008, but after the above summary order became final and conclusive, the Constitutional Court rendered that Article 86 of the above Act is against the Constitution (the Constitutional Court Order 2008Hun-Ga17, Jul. 30, 2009; Constitutional Court Order 2008Hun-Ga38, Oct. 28, 2010).
Therefore, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant under the forepart of Article 325 of the Criminal Procedure Act.