The defendant shall be innocent.

1. Around 00:46 on March 20, 2004, the Defendant violated the restriction on vehicle operation (restricted weight 10t) by carrying freight at the 4-scale of B freight vehicles on the Defendant’s work at the North orchard 31.5 km point, and by operating the said vehicle at the 4-scale of B freight vehicles in relation to the Defendant’s work.

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.