The summary of the facts charged in this case is as follows: “The Defendant’s employee violated the restriction on the operation of vehicles at the construction-type business office located in the construction-type city located in the Republic of Korea at a point 159 km away from October 1, 2000, thereby violating the Defendant’s duties.

“.....”

In 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 the legal provisions applicable to the facts charged, "where an agent, employee or other employee of a corporation commits an offense provided for in Article 83 (1) 2 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation." The effect of "the portion of the fine provided for in the relevant Article shall be retroactively invalidated pursuant to the Constitutional Court Decision of 2010Hun-Ga decided on Oct. 28, 2010, and Article 47 (3) of the Constitutional Court Act.

Accordingly, the above facts charged constitute a crime and thus, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.