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(영문) 부산지방법원 2008.03.12 2007고정6220

업무상과실일반교통방해 등

Text

Defendant

A shall be punished by a fine of KRW 3,000,000 and by a fine of KRW 1,000,000.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is a driver of the cargo vehicle B, and the national flag of the defendant corporation is a corporation operating trucking transport business;

1. Defendant A:

A. On September 18, 2007, around 22:05, the person driving the above cargo vehicle in violation of the volume of about 4.45 cm in height of the above road on the west-ro road located in the west-gu Busan, Busan, about 20 cm;

B. In proceeding the above temporary border road with a air-fluorial wall, the location is marked with soundproof walls, and the vehicle traffic restriction height is about 4.45 meters, due to occupational negligence on the part of operating the lifeboat, etc. carrying the lifeboat, etc. on board the vehicle in violation of the above restriction height of about 20cc, even though the above restriction height is about 4.45 meters, and upon the completion of the part where soundproof walls are installed on the above winter road, the traffic is obstructed by hindering the flow of steel materials installed in the above area and soundproof walls by the lifeboat, etc. on the vehicle loaded on the said cargo, by facing the ceiling, to prevent the passage of the vehicle through the above road by blocking the passage of the entire traffic of the road for about six hours;

2. The defendant national bulletin Co., Ltd. is the defendant 1-A.

Defendant A, his employee, at the time and place stated in the port, operated the said cargo vehicle in violation of the restriction on vehicle operation as above with respect to the duties of the State newsletter Co., Ltd.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a limited vehicle operation permit;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Articles 83 (1) 2, 54 (1) of the Road Act (the violation of the Road Act at the time of sale), 189 (2), and 185 of the Criminal Act (the violation of the ordinary traffic obstruction at the time of sale): Articles 86, 83 (1) 2, and 54 (1) of the Road Act;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

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

1. The Criminal Procedure Act (hereinafter referred to as the "Defendant") provides a provisional payment order.