Text
The defendant is innocent.
Reasons
The summary of the facts charged in this case is that at around 00:08 on January 7, 1995, the employee A violated the road management authority's restriction on vehicle operation when he operated B vehicles on the road in front of the Seoul Highway.
Article 86 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 for the above charges, was retroactively invalidated according to the Constitutional Court's decision of unconstitutionality on 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.