The defendant shall be innocent.

1. The Defendant is the driver B affiliated with the facts charged.

(a)on March 17, 1998: around 13:56, the 11.09 tons of cargo loaded on the third axis of the vehicle in excess of 10 tons from among the limitation axiss on the roads in front of meltin-gun, Jindo-gun, Jindo-gun, Jindo-gun; and

B. On March 5, 199, around 19:38, the road management authority violated the restriction on the vehicle operation of the Defendant’s business performed by the above driver, who is the user, at the time and place specified in each of the above paragraphs, by carrying more than 1.44 tons of freight on the third axis of the vehicle and operating the truck in excess of 10 tons of the restricted axis.

2. However, the penal provisions of the Road Act applied to the defendant among the applicable provisions of the facts charged in this case have lost its effect retroactively according to the Constitutional Court's decision of unconstitutionality.

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.