The defendant shall be innocent.

1. The summary of the facts charged of this case is as stated in the corresponding part of the Defendant among the “criminal facts” or “facts of prosecution.”

(4) Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, by Act No. 8976 of Mar. 21, 2008, hereinafter "the former Road Act") shall apply to the facts charged in this case and Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008, hereinafter "the former Road Act"). The Constitutional Court made a decision that "if an agent, employee, or other worker of an individual commits a violation under Article 83 (1) 2 of the former Road Act, the person shall be punished by a fine under Article 83 (1) 2 of the former Road Act." Thus, the latter decision of the Constitutional Court (the Constitutional Court Decision 2010Hun-Ga23,24,36, 39, 47, and the proviso to Article 27 (1) of the former Road Act) becomes retroactively effective.

On the other hand, where the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.

(see, e.g., Supreme Court Decisions 2004Do9037, Apr. 15, 2005; 91Do2825, May 8, 1992). Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.