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(영문) 의정부지방법원 2017.11.02 2017고정1940
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

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, on February 24, 2017, the Defendant, at the time of entry into the business office of the Namyang-ju, located in the 27th metropolitan metropolitan highway outside Seoul, at the time of Giri-ri on February 24, 2017, operated the B vehicle into an ordinary lower-class lane without passing through a lane equipped with a loading capacity measuring device.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, investigation report (case on identification of suspect's resident number), and construction machinery registration certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 115 of the Act and Articles 115 subparagraph 5 and 78 (1) of the Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

On the other hand, however, the crime of this case that prevents the measurement of the load by failing to pass through the lane where the load measurement equipment is installed on the ground that the vehicle is fixed, in light of the content and method of the crime, the legislative intent of the Road Act, etc., the crime of this case has the record of being punished several times as the crime of this kind. The general punishment of this case is balanced in the case of the same or similar kind, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances that are the conditions for the punishment of this case.

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