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(영문) 대구지방법원 2006.08.24 2006고정3003

도로법위반

Text

Defendants shall be punished by a fine of five hundred thousand won.

Defendant

If A does not pay the above fine, it shall be prohibited.

Reasons

Punishment of the crime

Defendant

A is the driver of the Switzerland truck, and the defendant corporation is a corporation established for the purpose of waste and designated waste collection and transportation business, and the vehicle exceeding 40t total weight in order to preserve the road structure and prevent the danger of operation, despite the prohibition of operation, the vehicle exceeding 40t total weight is prohibited;

1. Defendant A, at around 13:13 on May 17, 2006, violated the restrictions on the operation of road management authorities by loading and operating freight of 44.59t of total weight on front of the 60.7km point of the East Sea Highway at the east of the East Sea Highway.

2. Defendant O&S Co., Ltd. committed the act of violation as described in paragraph (1) against Defendant A, who is an employee of Defendant at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. A written accusation;

1. Notification of detection of vehicles violating restrictions on operation on expressways;

1. A copy of registration certificate;

1. Application of a copy of corporate register;

1. Article applicable to criminal facts;

(a) Defendant A: Article 83 (1) 2 and Article 54 (1) of the Road Act;

(b) Defendant Osung Corporation: Articles 86, 83(1)2, and 54(1) of the Road Act

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

1. It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act above, each of the orders for provisional payment (the defendants).