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(영문) 제주지방법원 2018.06.20 2018고정103

도로법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle of Category B 4.5 tons.

When the driver of a truck, the maximum load capacity of which is not less than 4.5 tons, passes through a lawsuit for entry fees on a national highway, he/she shall pass through the lane with a specific load capacity equipped.

Nevertheless, the Defendant:

1. On August 29, 2016, around 11:23, 2016, via the Cheongdo-dong, Seoul, the Cheongdo-dong, the Cheongdo-dong, and the cargo loaded with the loading quantity measuring equipment, without using the Cheongdo-dong's lane, is in violation of this, passing through the ordinary lower-tier lane without using the Cheongdo-dong's lane;

2. On October 18, 2016, via the above business establishment around 02:57, the cargo load on which the loading quantity measuring equipment is installed, without using the package-lanes, violates this, passing through the road of the package-shaped.

3. On September 22, 2017, at around 06:10, the cargo load on which the loading quantity measuring equipment was installed, passing through a lane with the general lower grade without using it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A statement of particulars of accusation;

1. Materials evidencing vehicles violating restrictions on operation;

1. A request for inquiry into each computer;

1. Application of statutes on a copy of motor vehicle registration certificate;

1. Relevant provisions of the Act and Articles 115 subparagraph 5 and 78 (3) of the Act on the Roads of which punishment is selected for facts constituting an offense, and the selection of fines (the amount of fines shall be determined, considering the economic conditions, etc. of defendants);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;