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The defendant shall be innocent.
Reasons
1. A around 11:50 on January 24, 2005, which is an employee of a specific criminal defendant in the facts charged, a violation of the restriction on vehicle operation on the roads prior to the control of 7-on-line mobile vehicle driving (type of over-line mobile driving restrictions) on the national highways of the overseas-dong-Eup-si, Gyeonggi-si; 2. The penal provisions applied to summary orders subject to review are retroactively invalidated pursuant to the Constitutional Court’s decision of unconstitutionality [the Constitutional Court Decision 2011Hun-Ga24, Dec. 29, 201; 2010Hun-Ga38, Oct. 28, 2010; 2008Hun-Ga17, Jul. 30, 2009]. Thus, a defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.