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(영문) 대구지방법원 2017.02.10 2017고정7

도로법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a cargo driver B who is a cargo vehicle.

A road management agency may require relevant public officials to measure the load of a vehicle by means of getting on the vehicle or demanding the driver of the vehicle to submit relevant documents in order to verify whether restrictions on operation have been violated, and in such cases, the driver of the vehicle shall comply with such request unless justifiable reasons exist.

Nevertheless, on November 1, 2016, the Defendant was found to have been exposed to excessive weight by operating the freight vehicle B, at around 853-35 times as the Jin-si university in Busan Metropolitan City around 07:0.

The Defendant refused, without good cause, a request for submission of relevant documents, such as “written confirmation of the restriction on operation” from the excessive control source, such as “written confirmation of the restriction on operation”, to clarify the back of the resident registration number and address.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. C's factual confirmation;

1. Application of Acts and subordinate statutes to the above counter-verification of restriction on operation, B car registration ledger, investigation report (inctored telephone statement);

1. Article 115 of the Act and Articles 115 subparagraph 4 and 77 (4) of the Act on the Roads of which punishment is selected for facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;