The defendant shall be innocent.

1. The Defendant is a dump truck holding corporation, and around 10:38 June 2, 1994, the Defendant refused to comply with the demand of the Defendant to measure the load of the vehicle in relation to the Defendant’s duties by the winners of the name failure, who were the driver of the above vehicle, at the department control inspection room located in the Donju National Road 37 Line, Young-ri National Road 37.

2. The prosecutor charged the facts charged by applying Article 86 and Article 84 subparagraph 2 of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995); the Constitutional Court made a decision that "where an agent, employee or other worker of a corporation commits a violation under Article 84 subparagraph 2 of the Act in connection with the business of the corporation, a fine under the relevant Article shall be imposed on the corporation also is imposed on the corporation in violation of the Constitution (Supreme Court Order 2012HunHunGa18, Oct. 25, 2012). According to the decision of unconstitutionality, the above provision of the Act, which is a applicable provision of the facts charged, retroactively loses its effect.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.