The defendant shall be innocent.

The summary of the facts charged of this case is as follows: "A worker of the defendant violated the restriction on the operation of a vehicle at the Busan Metropolitan City's establishment of both mountainous district and Busan Metropolitan City's establishment around December 14, 2002, 14:24, 1471-2, 200, and around February 10, 2003, the restriction on the operation of a vehicle at the Korea Highway Corporation's petition establishment of 509, 2003, 200: (a) on February 14, 2003, 200, 200: (b) on February 14, 2003, 760-1, 200-1, 3)."

However, the validity of Articles 86, 83(1)2, and 54(1) 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 applicable provisions of the facts charged, was retroactively lost by the Constitutional Court’s decision, such as Supreme Court Decision 2010Hun-Ga38, 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.