The judgment of the court below is reversed.

The defendant shall be innocent.

1. The lower court’s sentence (1.5 million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The summary of the facts charged is a person driving a freight vehicle B 4.5 tons (hereinafter “instant vehicle”).

When the driver of a truck, the maximum load capacity of which is not less than 4.5 tons, passes through a motorway, the driver of the truck shall correct the vehicle as above, although the written indictment for the load measuring equipment is stated as the “detailed specified device”. The driver shall pass along the lane where the vehicle is installed.

Nevertheless, the Defendant:

1. On August 29, 2016, around 11:23, 2016, by passing through the business office of the Cheongdo-dong, the Cheongdo-dong, Seoul, the Cheongdo-dong, without using the Hado-dong lane on which the loading quantity measuring equipment is installed, and by passing through the general cargo Hado-lane, without using the Hado-dong lane on which

2. On October 18, 2016, transiting through the lane of the cargo leash, through which the loading quantity measuring equipment is installed, without using the lane, while passing through the above establishment at around 02:57;

3. On September 22, 2017, around 06:10 on September 22, 2017, the trucking franchisor passed through the lane without using the cargo load measuring device.

3. Ex officio determination

A. Article 115 Subparag. 5 of the Road Act provides a penal provision for a person who interferes with measuring the load load of a vehicle in violation of Article 78(3) of the same Act.

Article 78 (3) of the Road Act provides that a truck operating a road shall allow the truck operator to pass through the lane or place where a load measuring device is installed for measuring the load load, and shall delegate the matters necessary for the size of the truck to measure the load load to the Presidential Decree. Accordingly, Article 80-2 (1) of the Enforcement Decree of the Road Act provides that a truck with the maximum load capacity exceeding 4.5 tons shall pass through the lane where a load measuring device is installed when passing through the motorway.

(b).