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(영문) 인천지방법원 부천지원 2017.03.24 2016고정1489

도로법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A road management agency may have relevant public officials 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 of the vehicle has been violated, and in such cases, the driver of the vehicle shall comply with it unless justifiable reasons exist.

Nevertheless, the Defendant, at around 05:01 on August 12, 2016, driven a C truck at a rooftop-gun office located in the Ycheon-gun, Chungcheongnamcheon-gun, the Defendant was exposed to an excessive amount of load measuring equipment while in conversations with a lane in which the loading quantity measuring equipment is installed, with an excessive alarm level, sound light light, light light, etc. turn on the signboard of the restricted vehicle. “In the direction of the restricted vehicle, the Defendant measured the excessive weight.”

Even though the phrase "" was indicated, it was immediately stopped and proceeded without measuring the load load, and it did not comply with the request of the road management agency for measuring the load load without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to the charge book, written confirmation of restricted vehicles, and investigation report (written statement by the accuser);

1. Article 115 of the Act and Articles 115 subparagraph 4 and 77 (4) of the Act, the selection of a fine concerning facts constituting an offense, and the selection of a fine;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is against the Defendant’s confession, considering the fact that the Defendant had been punished several times, including the Defendant’s punishment for the same kind of crime, the amount of fine under the summary order does not seem to be unreasonable.