beta
(영문) 부산지방법원 동부지원 2008.04.07 2008고정290

도로법위반

Text

1. The Defendants shall be punished by a fine of KRW 800,000.

2. Where Defendant A does not pay the above fine, 60.

Reasons

Punishment of the crime

Defendant

A is the driver of B(Lr) and the defendant Han Han-chul is a corporation whose main business is the cargo transport business, etc., and the management agency's request for the measurement, etc. of loading quantity to confirm the violation of restrictions on operation should be complied with unless there is any justifiable reason.

1. Defendant A, at around 13:58, on April 12, 2007, failed to comply with the direction of measurement by the NPC to induce the weight of the vehicles by the NPC at the Gangseo-gu, Gangwon-si, Chungcheongnam-si, Gangwon-si without justifiable grounds.

2. The defendant Han-chul Co., Ltd. did not comply with the measurement without any justifiable reason despite the direction of measurement of vehicle weight of the control officer as described in paragraph (1) with respect to the defendant's business at the same time and at the same place as mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. A report on detection and a statement of detection;

1. Application of the motor vehicle register (A) legislation

1. Article 83 (1) 3 of the Road Act and Article 54 (4) of the same Act (elective of fines): Articles 86, 83 (1) 3 and 54 (4) of the Road Act;

1. Defendant A who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act