The defendant shall be innocent.

1. On November 19, 2005, the Defendant violated the vehicle operation restriction (limited weight 10t) by carrying freight of 11.50t on the second axis of B freight vehicles in relation to the Defendant’s work at each transmitting station in the direction of the coastline 316.9km from the coastline on November 19, 2005.

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.