The defendant shall be innocent.

1. The summary of the facts charged in this case is that the Defendant, around January 16:37, 2006, loaded and operated freight of 11.92 tons of freight on the third axis of B freight vehicles owned by the Defendant in relation to the Defendant’s business on the front side of the 11.92 tons of the limitation axis at the YYY 111.4 kilometers in the YY 111.4 kilometers in the YYY 16:37, 2006.

2. Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality on July 30, 2009.

Thus, the facts charged in this case 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.