The defendant shall be innocent.

The summary of the facts charged in the instant case (Seoul District Court Decision 2013 Inventory 433) is that the Defendant violated the restriction on the operation of vehicles by carrying freight exceeding 44.2 tons in front of the Gwangju Highway Corporation at a point 159 km (Seoul Expressway), around September 16, 2001, at around 22:42, the Defendant, a cargo transport company’s employees, with a gross weight of more than 40 tons at the front of the Gwangju Highway Corporation.

Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged, has lost its effect by a ruling of unconstitutionality of Act No. 2010, 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.