The defendant shall be innocent.

1. The Defendant is the owner of B vehicle. On September 10, 2005, the Defendant: (a) as the driver of the said vehicle, C, the user of the said vehicle, restricted the operation of a vehicle exceeding 10 tons of a stable weight and a gross weight of 40 tons in order to preserve the structure of the Han River as well as prevent the danger of operation; (b) despite the restriction on operation, the vehicle’s weight exceeds 8.9 tons of a stable weight of 1 stable 18.9 tons; and (c) as such, the Defendant’s duty was committed.

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.