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(영문) 대전지방법원 2018.01.24 2017노2091

도로법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) entered the business office of the Office of the International Airport of Incheon, without knowing the fact that the cargo dedicated to the cargo dedicated to the business office of the Office of the International Airport of the Republic of Korea; and (b) as such, there was no intention to commit the instant violation of the Road Act.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the court below as to the assertion of fact: ① at the time of each of the crimes of this case, the Defendant was already aware that at least 4.5 tons of cargo should enter an exclusive lane for measuring the load capacity at the time of entering the expressway (in the investigation record, page 21); ② at least 4.5 tons of cargo vehicles shall enter the road into the Incheon International Airport Expressway Business Office: (i) a standing signboard indicating that the right-hand weight measurement is directed to enter the lane; (ii) a light sign prior to the road (Vriable MV, VM), banner, etc. (in the investigation record, 10 pages); (iii) the Defendant did not have access to the cargo loaded at the expense of the same business office, for a total of 4 times, but it is difficult for the Defendant to have access the cargo loaded at the expense of the same business office, on the other hand, by making it difficult for him to have access the cargo loaded at the time of the crime of this case.

Therefore, the defendant's assertion of facts is without merit.

B. As to the wrongful argument of sentencing, the fact itself recognizes the facts of the instant crime and reflects the mistake, and is economically difficult.