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(영문) 수원지방법원 평택지원 2017.05.24 2016고정779
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 dump truck.

1. The driver of a vehicle shall not obstruct the measurement of load by failing to operate the vehicle at a specified speed or by decreasing or accelerating the vehicle while passing through control equipment to measure the load of the vehicle;

Nevertheless, the Defendant, at around 05:05 on June 22, 2016, operated the dump truck vehicle at the place of business in the jurisdiction of the Do-dong, Seo-gu, Seo-gu, Seo-gu, Seongbuk-gu, Seongbuk-gu, in the Do-dong Do-ro 146, and continued to conduct the dump truck at a speed of 10 km or less at a speed of 10 km or less, despite the fact that he/she has to undergo the dump truck at a speed of 47.5 km or more at a speed of 47.5 km or at a speed of 05:12 km or more on the same day, he/she again conducted the re-measurement at a speed of 24

Accordingly, the Defendant committed an act that interferes with the measurement of vehicle load.

2. A road management agency has obstructed the measurement of loaded quantity by vehicle drivers;

If it is determined, a re-measurement may be requested, and in such cases, the driver of the vehicle shall comply therewith, except in extenuating circumstances.

Nevertheless, as in the above paragraph 1, the defendant passed through the control equipment on June 22, 2016 in violation of speed of 05:12 and proceeded as it is, and thereafter, the defendant did not comply with the request without justifiable grounds even though he received a request from the road management agency for re-measurement at the wood tent business place in the vicinity of the road for re-measurement.

Accordingly, the Defendant did not comply with the demand of the Road Management Agency for re-measurement of load load.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement and each investigation report (No. 18, 19 No. 5 of the evidence list);

1. Application of the statutes governing CCTV photographing photographs and written confirmation of restricted vehicles;

1. Article 115 subparagraph 5 of the Act, Article 78 (1) of the Act (the point of interference with measuring loading capacity), Article 115 subparagraph 6 of the Act on the Roads, for the sake of facts constituting an offense, and Article 115 subparagraph 5 of the Act;

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