(영문) 대전지방법원 천안지원 2009. 3. 13. 선고 2008고정993 판결

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[도로법위반][미간행]

Escopics

Defendant 1 and 1

Prosecutor

Kim Sang-sik

Text

Defendant 1 shall be punished by a fine of 500,000 won and by a fine of 300,000 won, respectively.

When Defendant 1 fails to pay the above fine, the above Defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

Defendant 1 is the driver of the Track Track (vehicle Number omitted), and Defendant 2 is the owner of the Track Track as a corporation established for the purpose of cargo transportation services, etc.

1. Defendant 1

The road management agency may request the driver of a vehicle to take a measurement of the load load and to submit related documents in order to verify whether the vehicle is in violation of the restriction on operation of the vehicle, and the driver shall comply with such request unless there is any justifiable reason, but on March 11, 2008, the driver is measured to exceed the height of the restriction while driving it on the front of the traffic control gate of the vehicle located in the Agrari-si, Agrari-si on March 11, 2008, and the driver is requested by the non-indicted who is an employee of the budget state maintenance and construction office of the Do maintenance and construction office of the road management agency to suspend submitting related documents without any justifiable reason;

2. Defendant 2 corporation

At the same time and place as above, Defendant 1, the user of the defendant, refused to comply with the request of the road management authority in relation to the defendant's business.

Summary of Evidence

1. The defendant 1's partial statement

1. Legal statement of the Nonindicted Witness

1. A report on detection;

1. A photographic description, register of automobiles or certified copy of corporate register;

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Articles 83(1)3 and 54(4) of the former Road Act (wholly amended by Act No. 8976 of March 21, 2008; hereinafter the same)

Defendant 2: Article 86 of the former Road Act

1. Selection of punishment;

Defendant 1: Selection of fine

1. Detention in a workhouse;