A. In fact, the Defendant responded to the request for the measurement of the load load by the public officials related to the road management agency itself, and failed to obtain sufficient explanation of the result of the measurement, and thus, did not prepare an identification card and the applicant. Therefore, the Defendant did not comply with the request for the measurement of the load load by the road management agency without justifiable grounds.

Nevertheless, the judgment of the court below which sentenced the defendant guilty is erroneous, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of factual mistake, a road management agency may restrict the operation of a vehicle on the road as prescribed by Presidential Decree, if necessary to preserve the road structure and prevent any danger caused by the operation of a vehicle on the road. In order to verify whether a restriction on the operation above is violated, the relevant public official may require the driver of the vehicle to take a vehicle or to submit relevant documents, etc. In such cases, the driver of the vehicle shall comply therewith unless there is good cause (Article 77(1) and (4) of the Road Act). The driver of the vehicle who violates the restriction on operation under Article 77(1) of the Road Act shall be punished by a fine not exceeding five million won (Article 117(1)1 of the Road Act), and the driver of the vehicle who has violated the restriction on operation under Article 77(4) of the Road Act shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won (Article 77(1)1 of the Road Act, Article 77(4) of the Road Act).