Innocence of the defendant

1. On September 23, 1995, the Defendant is the owner of the freight A, and the Defendant’s employees loaded and operated the freight of 11.5 tons at the second axis of the said vehicle in excess of 10 tons of the restricted axiss on the front of the petition office at a point of 132 kilometers in the Gyeongbu Highway (12:39 on September 23, 1995).

2. The former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) which applies to a summary order subject to review, loses its retroactive effect pursuant to the Constitutional Court’s decision of unconstitutionality (amended by Act No. 7832 of Dec. 30, 2005). Thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.