The defendant shall be innocent.

1. On January 15, 2007, around 20:16, the Defendant: (a) operated the Defendant’s vehicle in violation of the vehicle operation restriction on the Defendant’s business at the Young-dong Highway Business Office located in Seocheon-si, 263-3, Young-gu, Young-si; and (b) B, an employee of the Defendant, operated the Defendant’s vehicle in violation of the vehicle operation restriction on the Defendant’s business.

2. The prosecutor's decision is based on Articles 86 and 83 (1) 2 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) with respect to the facts charged of this case. However, the above provision is based on the Constitutional Court's decision of unconstitutionality as of July 30, 2009 and its validity retroactively lost as prescribed in the proviso of Article 47 (2) of the Constitutional Court Act. If the law or legal provision on punishment becomes retroactively null and void due to the decision of unconstitutionality as above, the defendant's case which was prosecuted by applying the pertinent provision of the Act is not a crime.

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.