2. Determination: (a) 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) which is a joint penal provision among the applicable provisions of each of the facts charged in the instant case is the Constitutional Court Decision 201Hun-Ga38 of Oct. 28, 2010 or the Constitutional Court Decision 201Hun-Ga20 of Dec. 29, 201; (b) Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005; and (c) Article 86 of the same Act (amended by Act No. 8976 of Mar. 21, 2008) which is a joint penal provision, has become retroactively null and void as the Constitutional Court Decision 97Hun-Ga17, Jul. 30, 2009.

Thus, each of the facts charged in this case constitutes 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.