The defendant shall be innocent.

The summary of the facts charged in this case is as follows: (a) around March 13, 2002, the Defendant operated the vehicle in excess of the limit on the vehicle operation by the road management authority on the front of the main road of the Dongyang Highway; and (b) on March 13, 2002, the Defendant violated the restriction on the operation of the vehicle." Accordingly, the prosecutor prosecuted the above facts charged by applying the joint penal provisions prescribed in Article 86 of the former Road Act. As to this, the Defendant was notified of a fine of KRW 50,00 through the summary order subject to review and confirmed, but the Constitutional Court made a decision that Article 86 of the above Act violated the Constitution against the principle of responsibility after the summary order became final and conclusive, the above legal provision, which is applicable mutatis mutandis to the facts charged,

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.