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(영문) 대전지방법원 서산지원 2017.06.08 2017고정102
도로법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the driver of C Freight Vehicle.

On October 21, 2016, around 15:14, 2016, the Defendant: (a) confirmed the cargo vehicle at the business office of the outer flow line, other than Seoul, to be an excessive vehicle while operating the vehicle; (b) refused to comply with the demand for the measurement of the load load by the traffic controller without justifiable grounds and escaped.

Accordingly, the Defendant violated the restriction on the operation of vehicles by the Road Management Agency.

Summary of Evidence

1. A written accusation;

1. A certificate of limited vehicles (C), guidelines for conducting re-inspection, and a procedural description;

1. The defense counsel and the Defendant’s assertion of the defense counsel and the Defendant are denied the facts charged.

A road management agency may, as prescribed by Presidential Decree, restrict the operation of vehicles on the road, in order to preserve road structure and prevent any danger caused by the operation of vehicles on the road, and in order to verify whether a restriction on the operation above is violated, it may require relevant public officials to take a vehicle or to request the driver to submit related documents, etc. In such cases, the driver of the vehicle shall comply with the restriction on the operation of the vehicle unless justifiable grounds exist (Article 77(1) and (4) of the Road Act). Article 77(1) of the Road Act imposes an administrative fine not exceeding five million won on the driver of the vehicle who violates the restriction on operation under Article 77(1) of the Road Act (Article 117(1)1 of the Road Act), and Article 77(4) of the Road Act without justifiable grounds to ensure the effectiveness of the restriction on the operation of the vehicle (Article 115 subparag. 4 of the Road Act). The purport of the restriction on the operation of the vehicle is to punish the driver of the vehicle.

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