2. Of the applicable provisions of each of the facts charged in this case, Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008), which is a joint penal provision, was invalidated retroactively due to the Constitutional Court’s decision of unconstitutionality on July 30, 2009.

Thus, since each of the facts charged in this case constitutes a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.