Text

The defendant shall be innocent.

Reasons

1. C’s act of violating the restriction on operation at around 02:55 on October 6, 1997, which is an employee of the specific defendant in the facts charged, on the roads prior to the establishment of the Guri-ri branch office 27.5km from the old-ri branch office. 2. The punishment statutes applicable to the summary order subject to review are retroactively invalidated pursuant to the Constitutional Court’s decision of unconstitutionality [the Constitutional Court Decision 2010Hun-Ga, October 28, 2010, 14, 15, 21, 27, 27, 35, 38, 44, 70 (Joint)]. Thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.