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(영문) 수원지방법원 안양지원 2017.03.10 2016고정865
도로법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a driver of a C truck, and the defendant Shin TNS is a transport-related corporation working for the defendant A.

1. On January 9, 2016, Defendant A operated the foregoing cargo vehicle and passed through the 10km Gunzed Office of Youngdong Incheon, the Defendant obstructed the measurement of the vehicle’s load by reducing the vehicle’s load, without complying with the relevant public official’s demand for re-measurement of the load load, despite the weight of 11.96 tons (limited to 10 tons) and gross weight of 45.57 tons (limited weight: 40 tons).

2. Defendant New TNS Co., Ltd. committed the Defendant’s act in violation of the foregoing paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 115 subparag. 5 of the Road Act and Article 78(1) of the Act (Selection of a set-off penalty) on the ground that the defendant was a new NS corporation: Articles 116, 115 subparag. 5, and 78(1) of the Act on the Road;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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