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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the person who drives a C5 tons truck owned by B.
Trucks operating on roads shall pass through the lanes or places where the loading capacity measuring equipment is installed in order to measure the loading capacity.
Nevertheless, on April 26, 2016, the Defendant operated the above truck, and entered the 100-lane 61, Daegu-gu, Daegu-gu, Daegu-gu, Busan-si Office, the Central Highway No. 55 of the National Highway in the 100-gil 61, Daegu-gu, Daegu-gu, Busan-si Office, without passing through the stick-si lane, and the general lower entered the string lane.
Accordingly, the Defendant did not pass through the lane on which the loading quantity measuring equipment is installed.
2. Determination
A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes a judge sure that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is doubt of guilt against the Defendant, it shall be determined in the interests of the Defendant (see Supreme Court Decision 2013Do10316, Jan. 16, 2014). (b) Article 115 Subparag. 5 of the Road Act provides that “A person who obstructs the measurement of vehicle load in violation of Articles 78(1) and (3) of the Act shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won.” Article 78(3) of the Road Act provides that “The operation of a truck on a road shall pass through the lane or a place where measuring the loaded load is installed.”
In such cases, the size of trucks for measuring load, the road subject to access roads to high-speed national highways and other measurement methods and procedures, etc. shall be prescribed by Presidential Decree. Article 80-2(1) of the Enforcement Decree of the Road Act provides that “The maximum load capacity shall be at least 4.5 tons pursuant to Article 78(3) of the Act.”