The defendant shall be innocent.

1. Although the Defendant, as the owner of A Hyundai 25 tons car truck, should not operate the vehicle in excess of operation by taking measures such as occasional culture, etc., on November 12, 1999, the Defendant, at around 11:30 on November 12, 199, caused B to operate the vehicle loaded at KRW 11.4 tons of the above vehicle loaded at the fifth axis, 11.4 tons of the total weight, 42.6 tons of the vehicle loaded at the 5th load, in the control site of the national highway 13 lines located in the front Don-gun, Hadon-gun, a driver.

2. The provision of the former Road Act, which was applied to the above facts charged, was retroactively invalidated by the Constitutional Court that declared that the provision was unconstitutional.

Therefore, since the above facts charged constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.