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(영문) 광주지방법원 장흥지원 2018.11.01 2018고정22

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

Trucks operating roads shall pass through a lane or place where a loading quantity measuring device is installed for the purpose of measuring loading quantities, and in such cases, they shall not interfere with the measurement of loading quantities of vehicles in violation of matters necessary for the size of trucks for the measurement of loading quantities prescribed by Presidential Decree, the roads, such as access roads to high-speed national highways, and other measurement methods and procedures, etc.

Nevertheless, on June 27, 2015, the Defendant, while carrying sand into C 5 tons of 31:09, a truck driver of a truck with a maximum loading capacity of at least 4.5 tons at a place of business in the south Sea Line located in the South Heung-gun-gun, South-do, Korea Road Construction Project in the south-gun, with the maximum loading capacity of at least 4.5 tons, should pass at less than 10km per hour when passing through the lawsuit for the entry fee of high-speed national highways, but in excess of this, the Defendant obstructed the vehicle load measurement by passing over 14.9km per hour.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes to a charge, an investigation report (the next inquiry);

1. Article 115 subparagraph 5 of the Road Act and Article 78 (3) of the Act concerning facts constituting a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act provides that ① the defendant's mistake is recognized and reflects the defendant's fault, ② the defendant was stopped by reporting the violation signal, etc., but the employee did not re-measurement due to the absence of the staff in charge. In light of the fact that the time when the defendant's accusation was filed on the part of the Korean road and the Korean road construction works requested withdrawal of the accusation, the above defense of the defendant is persuasive, ③ the defendant contributed to the development of society through volunteer activities, donation activities, etc., ③ the defendant's age, sexual behavior, environment, circumstances before and after the crime, and all the conditions of sentencing as shown in the arguments and records.