The defendant shall be innocent.

1. On June 21, 2007, the Defendant: (a) around 13:32, 207, the Defendant violated the restriction on operation for the road management authority by operating a total weight of more than 40t in front of the main road located in Gangseo-gu Seoul Metropolitan Government; (b) the Defendant’s employee B’s employees exceeded 5t with a total weight of more than 8.9t with a total weight of more than 10t; and (c) the weight of more than 10t with a total weight of more than 8.9t, and

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and wholly amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision among the applicable provisions of the aforementioned facts charged, retroactively loses its effect by the Constitutional Court Decision 2010Hun-Ga24 decided Oct. 28, 2010.

Thus, the above facts charged 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.