The defendant shall be innocent.

1. The summary of the facts charged of this case is that at around 22:00 on March 14, 200, the Defendant violated the regulations governing restrictions on the operation of vehicles by: (a) an employee A, from a shooting distance on the surface of Pyeong-gun, Pyeong-gun, in excess of 10 tons, total weight of 40 tons; (b) 15.80 tons; (c) 3 livestock 16.30 tons; (d) 13.80 tons; (d) 5 livestock 13.60 tons; and (e) 68.35 tons of total weight of 68.35 tons.

2. Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality, such as Supreme Court Decision 2010Hun-Ga38, 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.