logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.12.01 2016고단1208
도로법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The driver of a vehicle shall not interfere with the measurement of the vehicle at a specified speed while passing through a traffic management authority when measuring the load load of the vehicle, such as failure to drive the vehicle at a specified speed, speed, speed, speed, etc., and shall not comply with the request of the road management authority for the re-measurement of the load load

1. At around 07:20 on June 15, 2016, the Defendant: (a) loaded and driven sand in excess of 10 tons at a point of 167.8km in the area of Busan Sea of D Highway located in Guro-si; and (b) obstructed the measurement by driving at a speed of 29.8 km per hour in violation of the set speed while passing through the E E business at around 07:39 on the same day.

2. On June 15, 2016, around 07:49, the Defendant obstructed the measurement by driving the said cargo at a speed of 27.1 km at the time, in violation of the prescribed speed, while passing through the person demanding a re-measurement of load by the said F at the place specified in paragraph (1).

3. On June 15, 2016, the Defendant: (a) around 08:00, at the place specified in paragraph (1), was required to re-measurement the load from the said F at the location specified in paragraph (1); (b) but, without good cause, driven the said cargo without complying therewith, and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Photographs of the violating vehicle;

1. Report on detection of vehicles violating restrictions on the operation of motorways, instruction of re-inspection standards and procedures, confirmation of the first measurement, confirmation of the second measurement (3 29.8 km a hour), confirmation of the third measurement (27.1 km a hour), application of Acts and subordinate statutes;

1. Article 115 subparagraph 5 of Article 115 and Article 78 (1) of the Road Act, Article 115 subparagraph 6 of the Road Act, Article 78 (2) of the Road Act, the selection of imprisonment for a crime and the selection of a sentence;

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

1. The main sentence of Article 62(1) of the Criminal Act shall be based on suspended execution;

arrow