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(영문) 대구지방법원 서부지원 2018.07.26 2017고정694
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

A road management agency may, in order to confirm whether a restriction on operation has been violated, have a relevant public official or a traffic-restricted control official measure the load of a vehicle by means of getting on the vehicle or demanding the driver of the vehicle to submit related documents, and in such cases, the driver of the vehicle shall comply with it unless justifiable reasons exist

Nevertheless, the Defendant:

1. On April 28, 2017, even though the cargo was discovered to exceed the load load while driving B at the business establishment of the 27-Gu-ri-ri-ri-ri-ju, the Gyeonggi-ri-si, an Gyeonggi-do 07:00, it does not comply with the demand of the personnel controlling the restriction on operation to re-examine the load load and runs away without good cause;

2. On May 5, 2017, around 07:40, at the above location, the truck was found to have exceeded the load while driving the truck at the above location but failed to comply with the demand of the personnel controlling the restriction on operation to re-examine the load and escape without justifiable grounds.

Accordingly, the defendant did not comply with the demand of the road management agency to re-examine the load of the road management agency without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written confirmation of limited vehicles, a written statement of the details of the accusation, and a written statement of the accuser (C);

1. A written accusation, a written confirmation of limited vehicles, and a written accusation (D);

1. Application of Acts and subordinate statutes of comprehensive details of vehicles;

1. Article 115 of the Act and subparagraph 4 of Article 115 and Article 77 (4) of the Act, the selection of fines for criminal facts, as well as the selection of penalties;

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

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

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