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(영문) 인천지방법원 2015.10.06 2015고정141
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

Any driver of a vehicle shall be prohibited from obstructing the measurement of the load of the vehicle by operating devices of the vehicle or by other means prescribed by Presidential Decree.

Nevertheless, the Defendant, while driving a large special vehicle in C around 13:50 on July 11, 2014, 201, performed an act of operation during a 12.19 tons measurement in excess of 10 tons, the weight of the said vehicle at the business office of the Incheon International Airport Expressway, which is a stable weight, and conducted a re-survey, thereby obstructing the measurement of the vehicle’s load measurement by 8.10 tons measurement while moving about 50 meters in order to conduct a re-survey.

Summary of Evidence

1. Statement of witness D in the fourth protocol of the trial (excluding the part in which the accused has discovered facts constituting a crime);

1. Statement of D police statement;

1. Reports on detection of vehicles violating restrictions on operation;

1. Application of Acts and subordinate statutes to certify limited vehicles;

1. Article 97 Subparag. 9 of the former Road Act (Amended by Act No. 12248, Jan. 14, 2014); Articles 60(1) and 60(1) of the same Act regarding criminal facts; the choice of fines

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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