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(영문) 대전지방법원 공주지원 2018.07.20 2018고단205
도로법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of a wing wing wing Franchis, under the jurisdiction of the business office during the wing-do.

No driver of any vehicle shall interfere with measuring the load of the vehicle by means prescribed by Presidential Decree, such as operating devices of the vehicle.

Nevertheless, around March 7, 2018, the Defendant intentionally operated the pressure control system of the 3 axis of the 2nd load of the said cargo in order to pass the measurement of the 2nd load, when it was controlled by the weight exceeding the 1.56 tons of the said cargo at the 109 New Airport Cargo Business Office located in Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, the Defendant interfered with the measurement of vehicle load.

Summary of Evidence

1. Statement by the defendant in court;

1. A table and an explanatory note as a result of the mooring of the restricted vehicle;

1. Application of the photographic Acts and subordinate statutes;

1. Article 115 of the Act and Articles 115 subparagraph 5 and 78 (1) of the Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The execution of a sentence shall be suspended, taking into consideration the fact that the number of the records of punishment imposed for a violation of the Road Act with the reason for sentencing under Article 62(1) of the Criminal Act reaches ten times, taking into account the fact that all of the criminal facts are recognized, that a considerable period of time has elapsed from the time of punishment in the past, and that there is no history of punishment exceeding

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.

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