The defendant shall be innocent.

1. The summary of the facts charged in the instant case is that at around 15:10 on June 18, 2002, C, its employees, limited the operation of the State-funded local highway 49 tons of the total weight exceeding 40 tons of vehicles with a total weight of more than 46.1 tons in D vehicles, although C, its employees, restricted the operation of the State-funded local highway 49 tons located in Jinan-gun, Jinan-gun,

2. Article 86 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995, and amended by Act No. 7832, Dec. 30, 2005) which is a joint penal provision among the applicable provisions of the facts charged in the instant case was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality, such as Supreme Court Decision 2010Hun-Ga38, 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.