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(영문) 인천지방법원 2018.11.30 2018고정2330
도로법위반
Text

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

A and B are the employees of the defendant, who are drivers of C8.5 tons of flus and cargo vehicles owned by the above company, and the defendant is the corporation established for the purpose of Scmarket business.

When the driver of a truck, the maximum load capacity of which is at least 4.5 tons, passes through a lawsuit for entry fees on a national highway, he/she shall pass along the lane where load measuring equipment is installed.

Nevertheless, at around 16:10 on January 10, 2018 and around 17:46 on May 15, 2018, A driven the above cargo vehicle on two occasions, and obstructed the measurement of the load load of the said truck by passing the cargo vehicle into a general lane where the load measuring equipment is not installed, when passing through the 27-Korea Road for the Yannam-si, Seoul and the 27-Korea Road. On January 12, 2018, B driven the above cargo vehicle and obstructed the measurement of the load load of the said truck by passing through the general lane where the load measuring equipment is not installed.

The Defendant, A, B, etc., who is an employee of the Defendant, committed each of the above offenses in connection with the Defendant’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect examination protocol of each police officer in relation to A or B;

1. A complaint, documentary evidence of vehicles violating the restriction on operation, a statement of particulars of accusation, and a statement of accusers;

1. Application of Acts and subordinate statutes governing registration;

1. Article 116, subparagraph 5 of Article 115, and Article 78 (3) of the Act concerning facts constituting a crime as prescribed in the corresponding provisions of the Act;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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