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The defendant is innocent.
Reasons
The summary of the facts charged in this case is that, around May 13, 2002, at around 19:39, an employee A violated the restrictions on vehicle operation by the road management authority in operating B vehicles on the front of the 68.5km point of the Busan Highway in the direction of the 19:39 on May 13, 2002.
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.