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(영문) 부산지방법원 2005.10.19 2005고정1969

도로법위반

Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the driver of C Twitler owned by Twit Transportation Co., Ltd., and Defendant Choho Transportation Co., Ltd. is a corporation established for the purpose of transportation of cargo;

1. On December 03, 2004, Defendant A violated the restriction on vehicle operation by the road management authority by loading and operating freight at 4.21 meters on the above vehicle, even though the head of the resident branch office located at the Korea Highway restricted vehicle traffic exceeding 4.2 meters in order to preserve the structure of the road and prevent traffic danger, at the north-west main office located within a point of 158.7km from the mid-to the mid-west main office located at around 00:44 meters;

2. Defendant Samho Transportation Co., Ltd. committed the above violation as to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

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

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

1. An explanatory note and a certificate of limited vehicles;

1. A copy of registration certificate;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Article applicable to criminal facts;

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

(b) Defendant Samho Transport Co., Ltd.: 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. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;