The defendant is innocent.

The summary of the facts charged in this case is that around March 6, 1997, at around 2:36, the employee A of the defendant violated the restriction on vehicle operation by the road management authority in operating B vehicles on front of the Korea Highway Corporation's racing business office.

However, 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 a applicable provision to the above facts charged retroactively loses its effect due 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.