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(영문) 대구지방법원 2017.08.23 2017고정1343

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 the driver of C treatment 25 tons of trucks owned by the Defendant Company B.

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

Nevertheless, on April 17, 2017, the Defendant received a demand for presentation of relevant documents, such as a certificate of identity of a personnel controlling restrictions on operation, on the ground that the control of the restriction on operation does not interfere with his/her demand, while he/she received a demand for presentation of relevant documents, such as an identification card, from the operator of the restriction on operation, on the ground that the control of the restriction on operation was not detrimental to his/her own demand, as the central highway No. 55 of the Daegu-gu Office of High National Highway, Daegu-gu Office of the Daegu Busan Busan Urban Highway Dispute Resolution (1.22 tons and 4 1.19 tons) was controlled more than the axis

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. Accusation of vehicles in violation of restriction on operation, report on detection of vehicles in violation of restriction on operation, notification of detection of vehicles in violation of restriction on operation of high-speed national highways, details of control of refusal by the management agency, and

1. Application of Acts and subordinate statutes to each investigation report (No. 8, 11, 12)

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;