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(영문) 부산지방법원 동부지원 2002.11.29 2002고단2551

도로법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

A fails to pay the above fine, 40.

Reasons

Punishment of the crime

Defendant

A is a person who is driving a Bsch Rexroth belonging to SP and Defendant SPA is a corporation that owns the above vehicle;

1. Defendant A:

A. A. On June 10, 2002, around 14:47, 12.5 km Branch Office of the Korea Highway Corporation at a point 12.5 km East-dong Line, in front of the Seoan Industrial Complex branch office of the Korea Highway Corporation, in violation of the restriction on vehicle operation by operating the above vehicle in excess of the gross weight of 46.5t in excess of 40 tons;

B. On the 18th day of the same month, Honam Branching 42.8km in Honam Line 12:58, the Korea Highway Corporation (Korea Highway Corporation) violated the restrictions on vehicle operation by operating the said vehicle in excess of the gross weight of 44.7t loaded with freight exceeding the limit of 40t in front of the major place of origin, and

2. The Defendant Sejong Transportation Co., Ltd. committed each of the offenses described in the preceding paragraph, which is an employee, with respect to his business.

Summary of Evidence

1. Each legal statement of the proxy A of the defendant A and the defendant Sejong Transport Corporation;

1. A protocol concerning the police investigation of the defendant A;

1. An explanatory note for each control;

1. Notification of detection of vehicles violating the restriction on operation on national expressways;

1. Application of Acts and subordinate statutes to vehicle photographs and written confirmation of restricted vehicles;

1. Against Defendant 1 of the pertinent provision of the Act on Criminal Facts: Articles 83 (1) 2 and 54 (1) of the Road Act for Defendant 2: Articles 86, 83 (1) 2 and 54 (1) of the Road Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the Criminal Act (Defendant 1) (Article 70 and 69(2) of the Criminal Act)