The defendant is not guilty. The summary of the above judgment shall be publicly notified.

The summary of the facts charged in the instant case is that “a dump truck was operated by an employee of the Defendant in violation of the dump truck on the front side of the D Elementary School located in Ansan-si, A around July 5, 1994 in connection with the Defendant’s business.”

However, as to the facts charged of this case, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) applied the provision that "if an agent, employee or other worker of a corporation commits a violation under Article 84 subparagraph 1 of the same Article with respect to the business of the corporation, the corporation shall be punished by a fine under the corresponding Article," and the defendant received a summary order and confirmed the above summary order against the defendant.

However, on December 29, 2011, the Constitutional Court rendered a decision of unconstitutionality as to the above legal provision (the Constitutional Court Order 201HunGa24 Decided December 29, 201). Accordingly, the above legal provision was retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act.

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.