2. The prosecutor of the judgment applied Article 86, Article 83(1)2 and Article 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005) to the above charged facts, and the prosecution was instituted by applying Article 86, Article 83(1)2 and Article 54(1) to the above charged facts, and the summary order of a fine of KRW 300,00 was notified

However, after the above summary order became final and conclusive on October 28, 2010, the Constitutional Court rendered a decision of unconstitutionality as to Article 86 of the above Act that "where an agent, employee, or other employee of a corporation commits an offense under Article 83 (1) 2 in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation." (Article 2010Hun-Ga14, 15, 21, 27, 35, 38, 44, 70 (combined) of the Constitutional Court Act). Accordingly, the above provision of the law was retroactively invalidated pursuant to the main sentence of Article 47 (3) of the Constitutional Court Act.

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