The defendant is innocent.

1. As to the facts charged, the Defendant, as an employee, committed the following offenses.

B On March 5, 2001, around 15:37, at the high village of Kimpo-si, 760-1, in the vicinity of the outer cycle Highway, the 51.6 kilometers between the Seoul and the Kimpo-si, the 11.2 tons of cargo vehicles belonging to the defendant, and loaded more than 1.2 tons of cargo on the said vehicle.

2. The provision of the former Road Act, which applied to the above facts charged, was retroactively invalidated by the Constitutional Court that rendered a decision of unconstitutionality.

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.