The defendant shall be innocent.

The summary of the facts charged in the instant case is that “the Defendant’s employee violated the restriction on vehicle operation at the military air transportation business office in the direction of 10 kilometers in the military road construction branch located in the 782-dong-dong-dong-dong-dong-dong-dong, Youngdong-dong-dong, 782 on August 29, 2003.”

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.