The defendant is innocent.

The summary of the facts charged in this case is that, around August 27, 2004, at around 4:12, 2004, the employee B violated the restriction on vehicle operation by the road management authority in the course of operating C vehicles on the road in front of the control site of the vehicle driving-restricted vehicle located in the open-dong, Dong-dong, Dong-si.

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.