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(영문) 의정부지방법원 2013.08.13 2013고단1237

도로법위반

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On November 15, 2006, around 07:31, 2006, the Defendant’s employees B violated the restriction on the operation of the road management authority by operating CRano-5 freight vehicles owned by the Defendant, while being loaded more than 1.15 tons at the old Highway Branch of the 26.9km of the Seoul Southern Highway, around November 15, 2006 with respect to the Defendant’s business.

B. Around 00:00 on April 8, 2007, 1957, the Defendant’s employees D, with respect to the Defendant’s work, violated the restriction on the operation of the road management authority by operating E-mail trucks owned by the Defendant on the front side of the Seoul Highway Corporation, 92-4, in a state where the Defendant was loaded more than 1.1 metric tons on the front side of the said Seoul Highway Corporation, in excess of 1.1 metric tons, around 00:0 on April 8, 2007, 2007.

C. Around May 18, 2007, 2007, 2007, 2007, 12029, the Defendant’s employees F violated the restriction on the operation of the road management authority by operating Gmer trucks owned by the Defendant in the status of loading more than 1.54 tons at the front of the 2nd place of business of the Korea Highway Corporation, in the status of loading more than 1.54 tons at the 2nd place of business in front of the 2nd place of business.

2. As to each of the above facts charged, the public prosecutor instituted a public prosecution by applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 7832, Dec. 30, 2005; Act No. 8976, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; a summary order subject to reexamination was notified and finalized.

However, after the above summary order subject to review becomes final and conclusive, the Constitutional Court of Korea has committed an act of violating Article 83 (1) 2 in relation to the corporation's business in Article 86 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005, and amended by Act No. 8976 of Mar. 21, 2008).