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(영문) 울산지방법원 2020.11.12 2020고정608
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

In order to verify whether restrictions on operation are violated, a road management authority may require relevant public officials or a traffic restriction control officer to measure the load of a vehicle by requiring the driver of the vehicle to take a vehicle or submit related documents, and in such cases, the driver of the vehicle shall comply therewith, except in extenuating circumstances.

Nevertheless, the Defendant is a driver of BF12 6 x 2 x 6 x 14 on April 6, 2020, and entered 1181 on the southwest-ro, Ulsan Metropolitan City, Ulsan Metropolitan City, Ulsan Metropolitan City, and the Korea Highway Corporation, Ulsan Metropolitan City, Ulsan Metropolitan City, Busan Metropolitan City, and Busan Metropolitan City, by driving the Track Twit, and entering the 4 axis of 5 flus in the direction of Busan.

2. The two-scale weight has been discovered as a vehicle violating the restriction on operation in excess of 10 tons to 4.01 tons from 10 tons of restriction on operation, and thus re-checked from the control source of restriction on operation to the same condition, but after the repair of the vehicle, it has entered five-scales

Therefore, although a traffic restriction control officer led parking, he did not comply with the request of the road management authority without any justifiable reason by entering and operating a motorway as it is, disregarding it.

Summary of Evidence

1. The application of Acts and subordinate statutes on the site of photographed land to the accused's statutory statement C, accusation against vehicles violating restrictions on the operation of national expressways, detection reports, confirmation of restricted vehicles, traffic card for vehicles violating restrictions on operation,

1. Relevant provisions of the Act on Criminal facts and Articles 115 (4) and 77 (4) of the Road Act concerning the selection of punishment;

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

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

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