The defendant shall be innocent.

The summary of the facts charged in the instant case is that “the Defendant violated the restriction on the operation of the vehicle by allowing his employees to operate the vehicle exceeding the limit of 2:35 on the road near the elderly's place of business on December 4, 2006, in excess of the limit of 2:35,000 on the road near the elderly's place of business.”

With respect to the above facts charged, the prosecutor instituted a public prosecution by applying the joint penal provisions under Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and wholly amended by Act No. 8976 of Mar. 21, 2008). As to this, the summary order of a fine of KRW 300,000 was notified and confirmed through the summary order subject to reexamination.

However, after the above summary order became final and conclusive, the Constitutional Court rendered a decision that Article 86 of the above Act is in violation of the Constitution against the principle of responsibility (Supreme Court Order 2008HunGa17 Decided July 30, 2009) and thus, the above legal provision, which is the applicable provisions of the facts charged, retroactively loses its effect.

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.