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(영문) 전주지방법원 군산지원 2017.08.25 2017고정161

도로법위반

Text

A defendant shall be punished by a fine of 500,000 won.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Punishment of the crime

Defendant

The corporation is a corporation established for the purpose of transportation, etc., and A is a person who drives B Skman Track's freight cars entering the defendant Bekex Co., Ltd.

1. A road management agency may, in order to preserve road structures and prevent any danger caused by the operation of a vehicle on the road, have relevant public officials or personnel controlling the operation restrictions measure the load of a vehicle by means of getting on the vehicle or demanding the driver of the vehicle to submit related documents, and in such cases, the driver of the vehicle shall comply with such request unless any justifiable reason exists;

Nevertheless, at around 07:25 on September 8, 2016, A, at the time of the revision of the Militarysan City around 07:25, failed to comply with the direction-setting for the entry of an excessive inspection station without justifiable grounds, even though, on the line 21 in the direction-setting of this document to verify whether there is any excessive weight of the freight 20 or more tons of the Defendant’s driving, in order to confirm whether there is any excessive weight of the freight 40 tons in front of the National Land Management Office prior to the National Land Planning and Transportation Division of the Republic of Korea.

2. Defendant B, an employee of the Defendant, committed a violation described in paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. A protocol concerning the examination of suspect of the police officer;

1. Comprehensively taking into account the fact that a report on detection of suspected vehicles in the course of study (A is not well aware of the legal principles of the failure to comply with measurement; education for those who are employed by the defendant company is limited to once a month; education for those who are employed by the defendant company; and special sanctions against violation of the Act or failure to provide education are not imposed; etc., the defendant company was not negligent in giving due attention and supervision concerning the relevant duties to prevent the violation;

[5] Application of the statute

1. Article 116 of the Road Act, subparagraph 4 of Article 115, and Article 77 (4) of the Act concerning facts constituting a crime;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order