도로법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. In order to confirm whether the road management agency has violated the restriction on operation of vehicles, the road management agency may allow the relevant public officials or personnel controlling the restriction on operation to measure the load of vehicles by means of getting on the vehicle or demanding the driver of the vehicle to submit relevant documents;
In such cases, the driver of a vehicle shall comply with such request except in extenuating circumstances.
Nevertheless, on January 9, 2018, the Defendant: (a) operated the C Truck at the charge site located in the main office of the construction project site located in Korea, which was located in around 09:23, around 402.6 km, in order to drive the C Truck and passed the said charge at the charge site located in the main office of the construction project site located in Korea, the Defendant violated the restriction on operation at the 11.1 ton of the said truck's 2 axiss; (b) there was an electronic sign board installed at the place where the entry fee was located in the port where the said truck was withdrawn; and (c) there was an excessive violation of regulations at the entrance of the said place of business.
D, even though D et al. were followed due to a door-down, the car was driven as it is.
Accordingly, the defendant received a demand for measuring the load of a vehicle, but did not comply with it without any justifiable reason.
2. Determination
A. In a case where a controlling public official directly requests for the measurement of loading quantity and the management agency instructs the measurement by facilities installed on the road, there was a specific and realistic demand for the driver of a specific vehicle to the extent that it corresponds to the demand for direct measurement by the public official in charge.
, if any, there was a demand for the measurement of the load under the law of the road.
may be seen.
However, in order to view the measurement guidance by physical facilities as a specific and realistic measurement request to the extent that it gives the direct measurement request by the public official in charge, the measurement guidance is carried out with respect to one's own vehicle according to the need to preserve the road structure and prevent the danger of operation.