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(영문) 인천지방법원 2017.10.20 2017고정1807
도로법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a driver of a cargo vehicle with C4.5 tons.

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, around 18:02 on February 20, 2017, the Defendant: (a) operated the said cargo vehicle at the office of Seo-gu Incheon, Seo-gu Office of International Airport Highway, 109 Incheon, in order to prevent the measurement of the vehicle’s load by passing the vehicle through the package without any equipment for measuring the load of the vehicle; and (b) obstructed the measurement of the vehicle’s load by passing the said place of business over six times from February 27, 2017 to February 15:35, 2017, as indicated in the list of crimes below.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Application of the Acts and subordinate statutes on the written accusation;

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

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

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