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(영문) 대전지방법원 서산지원 2018.08.01 2018고정144
도로법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner and driver of Leper (25 tons).

In order to confirm whether restrictions on operation are violated, a road management agency may have relevant public officials take a vehicle or request the driver of the vehicle to submit related documents, etc. to measure the load of the vehicle, and in such cases, the driver of the vehicle shall comply with such request unless justifiable reasons exist.

Nevertheless, the Defendant, at around 06:10 on October 10, 2017, was discovered to be in violation of the restriction on operation (45.10 tons) as a result of the first and second inspection of the foregoing vehicles at the expressway Hong-gun, Chungcheongnam-gun, Hong-gun, 226, Seo-do, the Defendant was found to have violated the restriction on operation (45.10 tons), and was requested by the relevant public officials to present the vehicle registration certificate, driver’s license, etc., and the Defendant is believed to have failed to have the inspection measuring devices.

There was no problem that the ship was making an examination while leaving the factory.

Madna, as Madna, did not comply with it.

Accordingly, the defendant did not comply with the request of the public official concerned to submit related documents measuring the load of the vehicle without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to reports on detection of motor vehicles violating restrictions on the operation of expressways;

1. Article 115 of the Act and Articles 115 subparagraph 4 and 77 (4) of the Act, the selection of a fine concerning facts constituting an offense, and the selection of a fine;

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

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

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