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(영문) 서울중앙지방법원 2018.12.13 2018고정1830

도로법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the driver of the freight vehicle B.

On June 8, 2018, the Defendant: (a) at the access road to the Southern Highway Intermedian Business Office located outside Seoul, on June 21, 2018; (b) notwithstanding the fact that the vehicle is limited to the operation of the vehicle, such as total weight, decline, etc., the Defendant did not comply with the demand for measuring the load of the Korea Road Corporation without justifiable grounds while driving the vehicle on the said vehicle.

Summary of Evidence

1. The legal statement of the witness C;

1. A written accusation;

1. In light of the investigation report (written statement hearing by the accuser) [1] The defendant's argument that the defendant did not operate an electronic sign board requesting the re-examination at the time, and that the defendant did not have any reasonable grounds for refusing the re-examination, such as that the punishment due to non-compliance with the request for re-examination does not seem to be less than that due to the gross weight, etc. at the time, and that the defendant's argument that the non-compliance level of over-examination level was not observed is not acceptable.

However, the following circumstances acknowledged by the evidence adopted and examined by this court: (a) the Defendant has been engaged in cargo driving for a considerable period of time; (b) the Defendant had been punished due to excessive violations prior to the instant case; (c) thus, it appears that he paid considerable attention to whether to regulate the over-concentration at the place of business of the Namyang-ju; and (b) if a vehicle in an excessive state is entered into the aforementioned place of business of the Namyang-ju, an electronic sign board with the content of “in excess of weight,” and an over-concentration level with a size of more than 100 bb is operated; (c) the operation of the above over-concentration level is limited to the size that can be heard at the adjacent office of the neighboring place of business.