The defendant shall be innocent.

1. The summary of the facts charged in this case is that the Defendant violated the restriction on the operation of vehicles by carrying freight exceeding 44.36 tons in total weight of 40 tons and operating B freight vehicles in front of the regular Eup/Myeon office located in the regular Eup/Myeon as of January 8, 2003 by the Korea Highway Corporation in front of the regular Eup/Myeon office.

2. Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) 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, such as Supreme Court Decision 2010Hun-Ga38, Oct. 28, 2010.

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.