logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.03.31 2015노2987
도로법위반
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the instant case, the Defendant sought to verify the first inspection result on the road management agency’s request for re-inspection, etc., but was rejected. Since the construction of livestock facilities was the same as the operation of facilities for re-inspection and went back to a meeting without complying with the re-inspection, etc., the lower court found the Defendant guilty of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. A road management agency on board may order the relevant public officials to measure the load of a vehicle by means of getting on the vehicle or demanding the driver of the vehicle to submit related documents, etc. In such cases, the driver of the vehicle shall comply with the request unless there is any justifiable reason (Article 77(4) of the Road Act), and the Korea Road Corporation shall act on behalf of the Minister of Construction and Transportation with the authority concerning the express national highways of the Ministry of Construction and Transportation, including the above authority, which is the road management agency. In such cases, it shall be deemed to be a road management agency of the express national highways under the Road Act (Article 112(1) and (2) of the Road Act within the scope of the said authority (Article 112(1) of the Road Act). In this case, in light of the fact that it was confirming the violation of the restriction on operation by measuring the load load at the time, the mere fact that the Defendant asserted by the road management agency did not show the result of the first inspection as a monitoring, etc. on the part of the Korea Road Corporation.

Therefore, the judgment of the court below is just and there is no error in the misapprehension of legal principles as alleged by the defendant.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow