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The defendant shall be innocent.

Reasons

1. C’s act of violating the restriction on vehicle operation on the roads prior to the control of 35 line-based vehicles on the 35 line-based National Road of Taesan National Road on January 23, 2008, which is an employee of the specific defendant in the facts charged, around 22:10, 2008. 2. The penal provisions applied to a summary order subject to review are retroactively invalidated pursuant to the Constitutional Court’s decision of unconstitutionality [the Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 2011; 2010Hun-Ga38, Oct. 28, 2010; 2008Hun-Ga17, Jul. 30, 2009]. Thus, the Defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.