The defendant shall be innocent.

1. Around May 14, 2003, the Defendant violated the vehicle operation restriction (limited weight 10t) by loading the freight of 11.1t on the third axis of C 18t Car Truck with respect to the Defendant’s business at the 273 km m of coastline at the location of 15:39 on May 14, 2003.

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.