The defendant is innocent.

The summary of the facts charged in this case is as follows: A employee of the defendant violated the restriction on vehicle operation of the road management authority in operating the Gyeongbuk-do vehicle on the road in front of the business office in the Southern Dosan Highway around July 24, 2003, around 17:40 of the defendant's work.

However, 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 a applicable provision to the above facts charged retroactively loses its effect due to the Constitutional Court’s decision of unconstitutionality on Oct. 28, 2010.

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.