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(영문) 춘천지방법원 2020.09.16 2020고단410
도로교통법위반
Text

The defendant shall be innocent.

Reasons

1. The cargo vehicles with a minimum of 10 tons of the facts charged of the instant case shall not pass through the section of the Olympic Games (hereinafter referred to as the "Gangday") from 07:00 to 09:00.

Nevertheless, around 07:52 on September 9, 2019, the Defendant passed the roads in front of the Madou Nau River Information Center in Gangnam-gu, Seoul, with B dump trucks with construction machinery of 38.7 tons, and violated the restrictions on passage by the director of the Seoul Provincial Police Agency.

2. Determination

(a) The definitions of terms used in this Act shall be as follows:

17. The term "motor vehicles and horses" means any of the following motor vehicles and horses:

The term "motor vehicle" means any of the following:

1) 2) Construction machinery 18. The term "motor vehicle" means any of the following vehicles, which are driven by motor (any towed motor vehicle shall be deemed part of a motor vehicle) without using any railway or any temporarily installed line:

The following motor vehicles under Article 3 of the Motor Vehicle Management Act: Provided, That motorcycles shall be excluded herefrom:

(i) 2) c) c) c) c) c) c) c) c) c) c.

(b) When the commissioner of a district police agency deems it necessary to prevent any danger on roads and ensure safe and smooth flow of traffic on roads, he/she may prohibit or restrict the traffic of pedestrians, motor vehicles, horses, or trams with the section specified therein;

(3) When the commissioner of a district police agency or the chief of a police station intends to prohibit or restrict under paragraph (1) or (2), he/she shall publicly announce such fact.

Any of the following persons shall be punished by a fine not exceeding 200,000 won, by misdemeanor imprisonment, or by a minor fine:

2. Any motor vehicle that violates any prohibition, restriction or measure under Article 6 (1), (2) and (4) or 7; or

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