Defendant 1 and 1

Defendants

Freeboard Kim

Daejeon District Court Decision 2008 High Court Decision 993 Decided March 13, 2009

All appeals by the Defendants are dismissed.

1. Summary of the grounds for appeal;

The vehicle driven by Defendant 1 was measured as exceeding the height of the vehicle due to the malfunction of the measuring instrument even though it does not exceed the height of the restriction, and Defendant 1 does not have to be demanded by the staff of the inspection station to stop due to such height.

2. Determination

In full view of the evidence duly adopted and examined by the court below, the defendant 1's vehicle was measured as a vehicle with a height exceeding the limit as stated in the facts constituting the crime in the judgment below, and the road management authority requested the defendant 1 to suspend the violation, but the defendant 1 did not stop to respond to this, and it can be recognized that the defendant 1 went through the inspection station as it is, therefore, the defendants' assertion is without merit.

3. Conclusion

Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

Judges Kim Ji-hee (Presiding Judge)