The defendant is innocent.

The summary of the facts charged in this case is that the employee A violated the restriction on vehicle operation by the road management authority in operating B vehicles at a point 7.4 km from the center line of the large-dong business office of the Korea Highway Corporation around July 29, 2004, when he operated B vehicles at a point 7.4 km from the center line of the large-dong business office of the Korea Expressway Corporation around July

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.