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(영문) 부산지방법원 2008.07.22 2008고정3085

도로법위반

Text

Defendants shall be punished by a fine of 300,000 won.

Defendant

A shall be 50,000 won during which he/she fails to pay the fine.

Reasons

Punishment of the crime

Defendant

A is the driver of Category B, and the defendant E-ordinary Trade Corporation is a corporation established for the purpose of trucking transport business, etc., and is the owner of the above vehicle;

1. On December 9, 2007, Defendant A loaded and operated the cargo of 11.03t of the 5 axiss of the above vehicle at the point of the Busan Coast Guard located at the point of 163.38km, Busan, Busan, the point of 163.38km, and

2. The defendant Eul Trade Co., Ltd. committed an act of violation as referred to in the above paragraph, which is his employee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notification of detection and certificate of restricted vehicles;

1. The application of Acts and subordinate statutes to investigation reports (informating statements, etc. of corporations);

1. Article applicable to criminal facts;

A. Defendant A: Article 83 Subparag. 2 and Article 54(1) of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008)

B. Defendant Es Trade Co., Ltd.: Article 86, Article 83 subparag. 2, and Article 54(1) of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008)

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

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;