The defendant shall be innocent.

1. On August 8, 2002, at a point of 19.8km from August 19:14, 2002, the Defendant, as his employee, violated the restriction on the operation of vehicles by the road management authority by operating the said vehicle with freight of 12.28 tons, which exceeds 10 tons of the restricted weight of 10 tons at a point of 19.8km away from the 19.8km to the west Coast Highway.

2. The prosecutor of the judgment applied 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) to the above facts charged and prosecuted by applying Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005). Accordingly, the summary order of a fine of KRW 700,000 to the defendant was notified and finalized by this court, but the Constitutional Court decided that Article 86 of the above Act is against the Constitution after the above summary order became final and conclusive (Supreme Court Order 2010Hun-Ga38 of Oct. 28, 2010). As such, the above legal provision, which is a applicable provision of the above facts charged, retroactively

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.