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(영문) 인천지방법원 2019.07.25 2019고정1204
도로법위반
Text

Defendant shall be punished by a fine of one 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 B car trucks.

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.

1. On July 12, 2018, the Defendant driven the above truck and obstructed the measurement of vehicle load by passing through the 11:35 business site of the Gyeonggi-ri-si, the 27 Seoul Southern Metropolitan Area Highway 27 Korea Highway Corporation without passing through the lane where the loading quantity measurement equipment is installed, and passing through the ordinary lane.

2. On October 22, 2018, the Defendant driven the above truck and obstructed the measurement of vehicle load in the above manner while passing through the above Korea Highway Corporation (Korea Highway Corporation)’s business office for the Namnam-do.

3. On January 10, 2019, the Defendant driven the above truck and obstructed the measurement of the vehicle load in the above manner while passing through the Kunam Yangyang Korea Highway Corporation’s business office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a charge, evidentiary materials of vehicles violating restrictions on operation, and written accusation;

1. Article 115 subparagraph 5 of the Road Act, Article 78 (1) and (3) of the same Act, and Article 118 of the same Act, the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the crime of this case, the crime of this case reaches three times and the defendant has been punished as a violation of the Road Act.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions specified in the records and arguments of this case.

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