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(영문) 부산지방법원 2003.10.01 2003고정852
도로법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000 and by a fine of KRW 1,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a driver of Bobler with a 60 tones, and the defendant B is a corporation incorporated for the purpose of the transportation of bonded goods and the transportation of general cargo, and is the owner of the above registered vehicle;

1. Defendant A:

A. A. On August 21, 2002, at around 07:45, around 07:45, around the 07:45 Busan Metropolitan City Maritime Daegu, operated the said cargo with a load of more than 14.4 tons in excess of 10 tons of the limited storage on the third axis of the said cargo, thereby violating the restrictions on vehicle operation for the purpose of preserving the road structure;

B. On the 14:00 on January 6, 200, in violation of the 14:00 on the 14th line of the e station prior to the National Highway No. 14 of Young-si, in excess of 10 tons among the restricted festivals, the vehicle operation restrictions for the purpose of preserving the road structure by loading and operating the said vehicle with freight of more than 12.4 tons at the 2nd to the 3st 13th, 11.20 tons at the 4th 57.40 tons, in excess of the gross weight of 40 tons;

2. Defendant B, who is an employee of the above corporation, committed the above violation at the time and place specified in the above paragraph (1) as the business of the above corporation.

Summary of Evidence

1. Defendant A’s legal statement

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

1. A written statement of F and G preparation;

1. Application of Acts and subordinate statutes to reports on detection of violated vehicles;

1. Defendants under Articles 83 (1) 2 and 54 (1) of the Road Act applicable to criminal facts;

2. Article 86 of the Road Act;

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

1. Defendant to be detained in a workhouse;

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

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