The prosecutor's appeal is dismissed.

1. The summary of grounds for appeal;

A. In a case where the Korea Road Corporation installed an electronic display board and labelling in the lawsuit on the expressway charges and installed a cargo vehicle in violation of the restriction on operation, it shall be deemed that the electronic display board is equipped with a physical system that indicates the weight exceeding the sign and put the sign on the sign constitutes “request for the measurement of load capacity” as stipulated in Article 77(4) of the Road Act.

It should be deemed that the truck's vehicle used by the defendant at the time of expiration of the business office in the south of the defendant's driving and the Belgium demanded the defendant to respond to the measurement of loading quantity. Therefore, the defendant's failure to comply with the request for measurement without any justifiable reason constitutes a violation of Article 77 (4) of the Road Act.

B. According to the evidence submitted by the prosecutor, the staff of the South-North Korea Construction Work Association may recognize that they sent a hand signal to induce the defendant to re-measurement the load load.

2. Determination

A. The lower court presumed that in order to establish a crime of refusing to comply with a measurement request under Articles 77(4) and 115 subparag. 4 of the Road Act, the driver of a specific vehicle should have made a specific and realistic demand for measurement of loading quantity. On the premise that there was a specific and realistic demand for measurement of loading quantity on the part of an electronic display board, etc. and a sound of labelling, solely with a detailed reasoning for determination, there was a specific and realistic demand for measurement of loading quantity against the Defendant.

The court determined that it could not be seen.

The judgment below

Examining the reasoning in light of records and evidence, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as argued by the prosecutor.

B. As to the fact that the employee of the South Korean Road Construction Business Office sent a hand signal to the defendant, the evidence submitted by the prosecutor alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

The judgment of the court below is just and it affected the conclusion of the judgment by misunderstanding the facts as argued by the prosecutor.