The defendant shall be innocent.

1. The summary of the facts charged in the instant case is around 13:29 on October 2, 1995, the Defendant, who is an employee at the Yansan-gun, Yansan-gun, Chungcheongnam-gun, Yansan-gun, in relation to his duties, operated 10.4 tons and 11.1 tons of B freight vehicles at the third axis, and operated in violation of the restricted reduction.

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.