The defendant shall be innocent.

1. The summary of the facts charged in this case was around 1:03 on January 7, 1994, at a point of 26.8 km between the Gu Ri business office and the Gu Ri business office, and at a point of 26.8 km between the Gu Ri business office, A, an employee of the Defendant, operated B Hyundai Car Truck in excess of 10 tons, which is the restriction provision on livestock farming, with 11.2 tons.

2. The prosecutor brought a public prosecution against the facts charged in the instant case by applying Article 86 and Article 84 subparagraph 1 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); however, the above provision was ruled unconstitutional by the Constitutional Court Order (201Hun-Ga24) of December 29, 201, and became retroactively null and void as prescribed in the proviso of Article 47 (2) of the Constitutional Court Act. As such, if the law or the legal provision on punishment becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a crime not committed.

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.