The defendant is innocent.

The summary of the facts charged in this case is that, around 12:04 on February 29, 2008, the employee A violated the road management authority's restriction on vehicle operation when he operated B vehicles on the road in front of the multi-locks of the Dagyang-gu Seoul Metropolitan City, Seoul Special Metropolitan City on February 29, 2008.

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 applicable provision to the above facts charged, was retroactively invalidated according to the Constitutional Court Decision 2008HunGa17 Decided July 30, 2009.

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