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(영문) 창원지방법원 2021.02.03 2020고정753
도로법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a two-dimensional motor vehicle B.

Trucks operating on roads shall pass through the lanes or places where the loading capacity measuring equipment is installed in order to measure the loading capacity.

Nevertheless, at around 15:45 on October 5, 2020, the Defendant obstructed the measurement of the load load of the said cargo by passing the cargo loaded on the road where the cargo load measuring equipment is installed while passing through the IC branch, which is located in 21-7 Do-ro 163 Do-ro, Jin-gu, Jinwon-si, Seoul Special Metropolitan City (hereinafter referred to as the "Seoul Special Metropolitan City") and passing through the IC branch in front of the area, and thereby hindering the measurement of the load load of the said cargo.

Summary of Evidence

1. Application of the Acts and subordinate statutes of the defendant's statutory statement, accusation and motor vehicle registration ledger;

1. Article 115 of the Act and Articles 115 subparagraph 5 and 78 (3) of the Act, the selection of fines for criminal facts;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, contradicts the mistake by recognizing the instant crime.

According to the defendant's statement, there seems to be some circumstances to consider the defendant's failure to measure the load of the truck.

However, the former Road Act (amended by Act No. 13478, Aug. 11, 2015) provided for restrictions on vehicle operation and operation permission in order to preserve the structure of the road and prevent risks caused by vehicle operation on the road (Article 77). Moreover, Article 78(1) of the Act on the Road (amended by Act No. 13478, Aug. 11, 2015) prohibits vehicle drivers from interfering with measuring the load capacity (Article 78(1)). In addition, the Act newly established a provision that trucking more than a certain size must go through a lane or place on which a load measuring device is installed (Article 78(3)), the Enforcement Decree of the Road Act (amended by Presidential Decree No. 26603, Oct. 29, 2015).

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