The defendant shall be innocent.

1. On March 8, 2003, at around 01:45, the Defendant violated the restrictions on the operation of vehicles by the road management authority by loading and operating the freight of 10.3 tons on the three axiss of the vehicle, 13.25 tons on the four axiss of the vehicle, 12.15 tons on the five axiss of the vehicle, and 51.35 tons of the gross weight of 51.35 tons, in relation to the Defendant’s business, in excess of the restrictions (10 tons, gross weight, 40 tons) on J truck owned by the Defendant.

2. The provision of the former Road Act, which was applied to the above facts charged, was retroactively invalidated by the Constitutional Court that declared that the provision was unconstitutional.

Therefore, since the above facts charged constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.