The defendant shall be innocent.

1. On May 17, 1994, at around 00:10 on May 17, 1994, the Defendant is the owner of a truck A, and around 0:10 on May 17, 1994, the Defendant, who is his employee B, had the controlling public official go away and failed to comply with this.

2. The prosecutor charged the above charged facts by applying Article 86 and Article 84 subparagraph 2 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and by Act No. 4920 of Jan. 5, 1995), and this court issued a summary order of KRW 500,00 to the defendant as of July 23, 1994. The above summary order was finalized after the notice was given to the defendant, but the defendant filed a request for review of the above summary order on the ground that the above provision was unconstitutional.

On October 25, 2012, the Constitutional Court rendered a decision that "if an agent, employee, or other worker of a corporation commits an offense under Article 84 (2) in connection with the business of the corporation, a fine under the corresponding Article shall also be imposed on the corporation" in Article 86 of the above Act is in violation of the Constitution. The above provision of the law has retroactively lost its effect due to the decision of unconstitutionality.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by the judgment of not guilty against the defendant under the former part of Article 325 of the Criminal Procedure Act.