209Do7356 Violation of the Road Act

* Cita - mar),com

ITINT at the time of housing Cheongju

Reference domicile DaEDDD

Prosecutor

Cheongju District Court Decision 2008No1222 Decided July 9, 2009

October 29, 2009

The appeal is dismissed.

We examine the grounds of appeal.

In addition to the case where a traffic control official directly demands the measurement of the load, and in the case where a measurement guidance is conducted by a facility installed on a road, if it can be deemed that there was a specific and realistic request for the measurement of the load amount under Article 59(4) of the Road Act, it can be deemed that there was a request for the measurement of the load amount under Article 59(4) of the Road Act. However, for the purpose of deeming the guidance for measurement of physical facilities as a specific and realistic measurement demand to correspond to the demand for the direct measurement by a public official in charge, it should be the premise that the direction for measurement is made with respect to his own vehicle according to the necessity to preserve the road structure and prevent the danger of operation (see Supreme Court Decision 2004Do7212, Jun. 24, 2005).

According to the reasoning of the judgment below, the court below affirmed the judgment of the court of first instance which acquitted the defendant on the ground that it is insufficient to recognize that there was a specific and realistic demand for measurement of loading quantity with respect to the vehicle of this case at the time of the inspection prior to the inspection of this case. In light of the above legal principles and records, such measures of the court below are just and there is no

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cha Han-sung

Justices Park Si-hwan

Justices Noh Jeong-hee.

Justices Shin Young-young