The defendant shall be innocent.

1. The summary of the facts charged is the owner of A truck, and the defendant's employee B did not comply with the order of suspension or assignment of a public official who controlled the enemy on the road No. 1 of the National Road that passed through the Geumnam-gun National Road, Chungcheongnam-gun on November 10, 1994, and on November 20:48, 1994.

2. The prosecutor prosecuted the facts charged by applying Article 86 and Article 84 subparagraph 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). Accordingly, this court issued a summary order of KRW 50,00 to the defendant as of April 13, 1995, and the summary order became final and conclusive after being notified to the defendant at that time, but the defendant filed a request for review of the summary order for which became final and conclusive on the ground that the above provision was unconstitutional.

On the other hand, Article 86 of the above Act provides 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." On the part of the Constitutional Court Decision 201Hun-Ga18 dated October 25, 2012, the above provision of the law has retroactively lost its effect.

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.