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(영문) 인천지방법원 2006.11.21 2006고정3591

도로법위반

Text

Defendant

A shall be punished by a fine of KRW 100,00, and by a fine of KRW 200,000 for a new special corporation

Defendant .

Reasons

Punishment of the crime

Defendant

A is a driver of B 23.5t Cargo Vehicles belonging to a new special corporation, and Defendant New Special Corporation is the owner of the said truck;

1. On April 7, 2006, around 09:26, Defendant A violated the restriction on the vehicle operation of the road management authority by loading 11.06t on the 4 axis and operating the said truck in excess of 1.06t while running the truck in excess of 1.06t, even though Defendant A was unable to load more than 10t out of the stable 12.13km at the south Incheon Metropolitan Office, Seoul Metropolitan Government Office located in 437, Nam-gu, Incheon Metropolitan City.

2. Defendant A, an employee of the special company, committed the same offense as that of the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

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

1. Two copies of a certificate of restricted vehicles;

1. Application of statutes governing enforcement manuals;

1. Articles 83 (1) 2 and 54 (1) of the Road Act applicable to criminal facts (Article 86 of the Road Act and choice of each fine for a special stock company, which is a new defendant);

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;