Text
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 the vehicle operation of the road management authority on February 23, 2002 on the road prior to the inspection of the traffic restriction vehicle located in the Nowon-gu Seoul Special Metropolitan City on February 23, 2002.
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.