The defendant shall be innocent.

1. The summary of the facts charged is the ownership corporation of B 15t dump trucks, and the defendant's employee, around June 5, 1993, in relation to his duties, failed to comply with the request for the measurement of the loading quantity by the public official on the line No. 29 of the Seongdong-gu Incheon National Road No. 29 of the Madro-Gun, Seongbuk-gu, 1993, without any special reason.

2. The prosecutor of the judgment applied Articles 86, 84 subparag. 2 and 54(2) of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995; hereinafter “Act”) to the facts charged in the instant case.

However, Article 86 of the Act provides that "where an agent, employee, or other worker of a corporation commits an offense pursuant to Article 84 subparagraph 2 in connection with the business of the corporation, the corporation shall be punished by a fine pursuant to the corresponding Article in respect of the corporation shall also be punished by the Constitutional Court."

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.