The defendant shall be innocent.

1. The summary of the facts charged in this case is about October 19:2, 2004, at the Korea Highway Corporation, its employee, loaded and operated freight of 44.10 tons of freight on the freight vehicles owned by the Defendant and operated 44.10 tons of gross weight of more than 40 tons at the Korea Highway Corporation, 23.54 kilometers from the point of abandonment of wood trees on the west Coast Highway.

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.