The defendant shall be innocent.

1. The summary of the facts charged in this case is that the Defendant’s employee violated the restrictions on the operation of vehicles at the parallel line 20.4 kilometers away from the starting point of the Seoul Metropolitan Government Construction Corporation’s business office around March 18, 1996 at around 20:05, thereby violating the Defendant’s duties.

2. Determination:

A. The prosecutor brought a public prosecution against the above facts charged by applying Articles 86 and 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005).

B. In light of the above, the Constitutional Court made a decision that "if an employee or any other employee of a corporation commits an act in violation of Article 83 (1) 2 in connection with the business of the corporation, a fine under the pertinent Article shall also be imposed on the corporation," in Article 86 of the above Act, to be in violation of the Constitution (see Constitutional Court Decision 2010Hun-Ga14, 15, 21, 27, 27, 35, 38, 44, 70 (merger) of the Constitutional Court, October 28, 2010), the above provision of the law retroactively lost its effect.

(c)

Thus, since the facts charged in this case constitute a case that does not constitute a crime, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.