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The defendant shall be innocent.
Reasons
The summary of the facts charged of this case is that "the defendant's employee violated the restriction on vehicle operation at a point of 173 kilometers in Seoul, 173 kilometers in Yangsan-si, Yangsan-si, Yangsan-si, 200-2 Korea Highway Corporation located on the road located in the Gyeong-si, Gyeongnam-gun, Do road 905 on December 15, 1993 in connection with the defendant's business."
However, the effect of Articles 86, 84 Subparag. 1, and 54(1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995) which is the applicable provisions of the facts charged was retroactively forfeited by the Constitutional Court Decision 201Hun-Ga24, Dec. 29, 201.
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.