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(영문) 수원지방법원 여주지원 2018.05.14 2018고정58
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 driver of a truck, the maximum load capacity of which is not less than 4.5 tons, who operates a road, shall pass along the lane where load measuring equipment is installed when passing through the lawsuit for the entry fee of a national highway.

Nevertheless, around 03:11 on June 30, 2017, the Defendant driven a B 7.5 ton truck with B, and passed through the outer, circular-ri metropolitan office in the Guri-si, and the Defendant passed through the outer, circular-ri metropolitan office in the Guri-si, and the general lower-water lane where the load measurement equipment is not installed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A corporate statement;

1. Investigation report ( telephone conversations with victim Korean Roads);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 115 of the Act and subparagraph 5 of Article 115 of the Act on the Roads of which the punishment is selected for the crimes, and Article 78 (3) of the Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the Defendant asserted that the access road with measuring devices has passed along the lane for the inevitable time following the construction, but this Court has duly adopted and investigated the following circumstances: ① The Korea Road Corporation failed to perform construction works on the lane on which the loading quantity measuring equipment at the place of business in the Gurijun Nam-ri, around June 30, 2017, was installed at around the time of the instant crime; ② the two lanes where the loading quantity measuring equipment is installed in the direction of passing through the Defendant; ③ the Korea Road Corporation operated the above seven-lane truck on April 2, 2017 and used the above seven-lane truck on April 5, 2017 to pass through the road, but it did not accept the Defendant’s allegation that the Defendant’s cargo loaded on the road without any justifiable reason again on June 30, 2017.

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