The defendant is innocent.

The summary of the facts charged in this case is as follows: A employee of the defendant violated the restriction on vehicle operation of the road management authority in operating B vehicles on the front side of the Korea Highway Corporation, Busan, Busan, about November 7, 2006, at the 68.5km point of Busan, about November 7, 2006.

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), which is a applicable provision to the above facts charged, was retroactively invalidated according to the Constitutional Court Decision 2008HunGa17 Decided July 30, 2009.

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.