The defendant shall be innocent.

1. On July 7, 2004, the summary of the facts charged in the instant case violated the restrictions on the operation of vehicles of the Road Management Agency by loading and operating freight in excess of the size and total weight of freight cars owned by the Defendant in relation to the Defendant’s business at the control station of the vehicle traffic restriction on the 35-line-based mobile operation of the 35-line-based National Road of Masan-si, Masan-si, Masan-si, Masan-si.

2. The prosecutor of the judgment shall also impose a fine under Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) with respect to the facts charged of this case where the agent, employee, or other worker of a corporation commits a violation under Article 83 (1) 2 in relation to the business of the corporation.

A public prosecution was instituted by applying the part "," and the defendant was given a judgment subject to review and the judgment on the defendant became final and conclusive.

In this regard, the Constitutional Court rendered a decision of unconstitutionality on October 28, 2010 with respect to the above provision of the law (Supreme Court Decision 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (Joint) Decided October 28, 2010) and thus, the above provision of the law was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

Thus, the facts charged of this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.