The defendant shall be innocent.

1. On December 1, 2004, the summary of the facts charged by the Defendant violated the vehicle operation restrictions (restricted weight 10t) by loading the iron plate of the Defendant’s 11.63t to the fourth axis of the freight truck C 18t in connection with the Defendant’s business at the small expressway ben place of business in Busan.

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.