The defendant shall be innocent.

1. On September 14, 2003, around 20:27, the Defendant violated the restriction on vehicle operation by operating the said vehicle in the condition that the Defendant’s employee was loaded with the freight of 11.1t on the 2 axis of the B, while the Defendant’s employee violated the restriction on vehicle operation by operating the said vehicle in the condition that it was loaded with the freight of 11.1t on the 2 axis of the B in relation to the Defendant’s business.

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.