The defendant shall be innocent.

1. On Nov. 4, 2005, the Defendant violated the restriction on vehicle operation of the road management authority by loading and operating freight of 11.40t exceeding 10t of limited storage weight on the second axis of the vehicle B with respect to his duties at the junctic cycle 6.5km point of 6.5km in Seoul and the outer cycle road, and the Defendant’s employees violated the restriction on vehicle operation of the road management authority.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the above facts charged, retroactively loses its effect due to the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010, etc.

Thus, the above facts charged 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.