The defendant shall be innocent.

1. The facts constituting the crime of this case (retailing the suspect as the defendant) are as shown in the annexed criminal facts of this case.

2. The prosecutor of the judgment applied Articles 86 and 83(1)2 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) to the facts charged in the instant case. However, the Constitutional Court rendered a decision that "if an agent, employee or other worker of a corporation commits a violation under Article 83(1)2 of the former Road Act with respect to the business of the corporation, pursuant to Article 86 of the former Road Act (amended by Act No. 8976 of Jul. 30, 2009), the above part of Article 86 of the former Road Act (amended by Act No. 866 of Mar. 21, 2008) was retroactively invalidated.

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.