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(영문) 춘천지방법원 2018.01.30 2017고정467
도로법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the operator of construction machinery B and dives machine B.

On high-speed national highways, only motor vehicles shall be used, and access thereto shall be made.

Nevertheless, at around 16:15 on October 15, 2017, the Defendant operated construction machinery of the 2nd unit B, which is owned by the Defendant, and passed around approximately 123 km away from the Gangseo-dong, Gangdong-gu, Seoul, Seoul, to the street in front of the rest area of the rest area of the Seoul Yangyang-do, which is located at approximately 371 e.g., Gangwon-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on the arrest of a case;

1. On-site photographs (the defendant is a trucking machine that the defendant drives, so it is possible to walk on an expressway because it is a trucking machine that the defendant drives;

The argument is asserted.

However, according to each of the above evidence, the defendant's key machine is not a truck re-type engine, but a string machine. According to Articles 11 and 47 (1) of the Road Act, and Article 16 of the Enforcement Decree of the Road Act, the defendant's above assertion cannot be accepted.

Application of Statutes

1. Article 115 of the Act and Articles 115 subparagraph 1 and 47 (1) of the Act, the selection of a fine concerning facts constituting an offense, and the selection of a fine;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has been punished several times for the same kind of crime, the street of the expressway operated by the aircraft, the fact that the defendant claims that the vehicle driven by the aircraft is a trucking type of crime, and all other circumstances, including the defendant's age, sex, criminal conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered to be considered as the condition for sentencing as shown in the argument of this case, and the sentence is determined as ordered.

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