The defendant shall be innocent.

1. On December 21, 2004, the Defendant: (a) around 18:34 on December 21, 2004, operated a 10t weight exceeding 10t by loading and operating the 11.77t timber on the 4th axis of BKa Truck with respect to the Defendant’s work at the Busan direction-based Busan 4.32km point; and (b) an employee A operated the 10t weight exceeding 1.77t of the Defendant’s work.

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.