2. Determination

A. The prosecutor prosecuted the above facts charged by applying Articles 86, 83(1)2, and 54(1) 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).

B. Article 86 of the former Road Act (amended by Act No. 4545, Mar. 10, 193; Act No. 4920, Jan. 5, 1995; Act No. 4920, Jun. 1, 1993); Article 84 of the former Act provides that "where an agent, employee, or other worker of a corporation commits an offense under Article 84 subparagraph 1 and 2 with respect to the business of the corporation, a fine under the relevant provision shall be imposed on the corporation; Article 201 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 2010, Dec. 30, 2005; Act No. 3651, Aug. 1, 2008; Act No. 20651, Aug. 28, 2006; Act No. 2010, Feb. 1, 2007>

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.