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(영문) 대구지방법원 상주지원 2018.08.14 2018고정49
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

[Status, etc. of the defendant] The defendant is the driver of B freight vehicle.

When the driver of a vehicle is requested by a road management agency to re-measurement the load of the vehicle, he/she shall comply with such request, except in extenuating circumstances.

[Detailed Criminal Facts]

1. On November 17, 2017, the Defendant: (a) at the shop in the village of the Korean road construction project located in the 331-83, as in the Hasong-Eup, Chang-Eup, the Defendant settled at around 18:19, the Defendant: (b) was confirmed to have loaded the said vehicle with cargo exceeding 10 tons; (c) was verified to have been loaded with cargo of more than 10 tons; and (d) was requested by C, an employee, to conduct re-measurement with an over-label, etc., but the written indictment that did not comply with the request, stating the phrase “doing” as follows; (d) it is not the phrase in the pertinent law, but it is somewhat misleading for the Defendant to accept in the prior meaning of the phrase.

It was judged that the facts of the crime were not stated.

In the case of paragraph 2, the same shall also apply.

2. The Defendant, at the same place as before and after November 18, 2017, at around 18:23, at the same time as the preceding paragraph, confirmed that the Defendant was loaded with the cargo exceeding 10 tons at two dunes of the said vehicle, and was in the same manner as that of the preceding paragraph, which is an employee, requested re-measurement from C, but did not comply therewith.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Each written confirmation for the C preparation;

1. A written confirmation of each limited vehicle and a report on detection of vehicles violating restrictions on operation on each expressway;

1. Each investigation report (Nos. 6, 27, 29, and 30) (Evidence List Nos. 6, 27, 29, and 30) (In light of the methods, etc. of demanding re-measurements which may be known by the above evidence, it may be acknowledged that the defendant has an intention not to comply with the request even though he/she was

Application of Statutes

1. Article 115 subparagraph 6 of the Act and Article 78 (2) of the Act on the Roads of which the relevant Act and the punishment are selected for crimes;

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. Attraction of a workhouse;

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