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The prosecutor's appeal is dismissed.
Reasons
1. A summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) ① On August 11, 2015, Article 78(3) of the Road Act (a truck that operates a road shall pass through the lane or place where a loading quantity measuring device is installed for measuring the loading capacity) is newly constructed on August 11, 2015, and thus a truck driver is obligated to comply with a demand for measuring the loading capacity in itself, and when violating this, the truck driver shall be punished in accordance with Article 115 subparag. 4 of the Road Act for failing to comply with the demand for measuring the loading capacity.
② At the time of the instant case, the Defendant, who was driving a truck with a maximum of 4.5 tons or more, was notified that the Defendant violated the restriction on the reduction of the reduction through an electronic sign board with the indication of “in excess of weight” as measured at 11.32 tons exceeding 10 tons of the 3 livestock of the said cargo vehicle, while passing through an exclusive lane for the construction business sites in Korea, along the direction of the printing bridge.
In other words, the defendant has already been measured the load load of a truck which was in operation by passing through the control equipment installed in the Cheongdong Business Office, and has been notified of a violation of restriction during the axis.
③ As such, there is no legal provision that a road management agency has already measured the load of Defendant freight through control equipment and requires re-measurement.
In full view of the facts charged in this case, the judgment of the court below which judged otherwise is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles affecting the judgment.
2. The lower court, on the premise that the crime of refusing to comply with the measurement of loading quantity under Article 77(4) of the Road Act and Article 115 subparag. 4 of the Road Act requires a specific and realistic request for measurement of loading quantity to the driver of a specific vehicle, and the evidence submitted by the prosecutor alone is prescribed in Article 77(4) of the Road Act against the Defendant.