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(영문) 의정부지방법원 고양지원 2018.03.09 2018고정3

도로법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a 15t dump truck driver.

A road management agency may require relevant public officials, etc. to measure the load of a vehicle by means of getting on the vehicle or demanding the driver of the vehicle to submit relevant documents in order to verify whether the restriction on operation has been violated.

In such cases, the driver of a vehicle shall comply with such request except in extenuating circumstances.

Nevertheless, at around 15:00 on July 25, 2017, the Defendant, while driving the above truck loaded with a container for road packing on the Li-Road, was requested to stop using sirens and broadcasting to verify whether the Defendant violated the restriction on operation by the North Korean Road of the Gyeonggi-do Construction Headquarters and CinD, etc., but failed to comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A field statement of a public official in charge of the control of D, E, F, and G;

1. Application of a report on detection of excessive vehicles and statutes on site photographs;

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;