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(영문) 부산지방법원 2017.06.28 2017고정810
도로법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

Trucks operating on roads shall pass through the lanes or places where the loading capacity measuring equipment is installed in order to measure the loading capacity.

Nevertheless, the Defendant:

1. On October 29, 2016, around 16:54, the foregoing vehicle entered a village business office located in the Busan Gangseo-gu Busan Metropolitan City Branch Highway 13 (Furning-dong) of the second branch line in the Busan Gangseo-gu Busan Metropolitan City, and the cargo was not entered as a package for the measurement of the failure.

2. On November 3, 2016, the above vehicle entered the village business place located on the 13 branch line of the Busan Gangseo-gu Busan Metropolitan City, which is located on the 13 branch line of the 2 branch line of the Busan Gangseo-gu, and the cargo was not entered as the lane for measuring the failure.

3. On November 15, 2016, the foregoing vehicle entered a village business office located in Busan Gangseo-gu Busan Metropolitan City 13 branch lines on the two branch lines of the Busan Gangseo-gu, and the cargo was not entered as a package for measuring the failure.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police investigation report (the statement of representative C or the person in charge of the settlement office of the business owner);

1. Application of Acts and subordinate statutes to computerized data on systems of violating vehicles and to the suspect's work place;

1. Article 115 of the Act and subparagraph 5 of Article 115 of the Act, and Article 78 (3) of the Act, the selection of fines for criminal facts;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the recognition of and reflects the Defendant’s mistake; (b) the punishment imposed on a similar case is equitable; and (c) the punishment imposed on a similar case shall be mitigated by comprehensively taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) other circumstances constituting conditions for sentencing, including circumstances after the crime.

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