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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is around 04:29 on March 15, 1996, the Defendant, who was an employee of A, loaded and operated freight of 11.4 tons of freight on the fourth axis of freight vehicles owned by the Defendant in relation to the Defendant’s business at his former place of business at around 04:29 on March 15, 1996
2. Of the applicable provisions of the facts charged in this case, Article 86 of the former Road Act (amended by Act No. 4920 of January 5, 1995, and amended by Act No. 7832 of December 30, 2005), which is a joint penal provision, was retroactively invalidated due to the Constitutional Court’s decision of unconstitutionality on October 28, 2010, Article 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merged) of the same Act.
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.