The defendant shall be innocent.

1. On November 23, 200, at around 15:18, the Defendant violated the restriction on the operation of the road management authority by loading freight with a gross weight of more than 4.1 ton and operating B trucks at the 3.4 kilometer branch office of the Korea Highway Corporation, an employee of the Korea Highway Corporation, at the same orchard branch office, at around 4:10 kilometers, about November 23, 200.

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.