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(영문) 의정부지방법원 2008.12.18 2008고정2695
도로법위반
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of two million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the driver of the vehicle C and the defendant B is the borrower of the above vehicle;

1. Defendant A, at around 16:35 September 1, 2006, restricted the operation of vehicles exceeding 40 tons in weight and 19.0 tons in weight and 19.1 tons in weight, even though Defendant A, at around the Seoul Stackdo Office, restricted the operation of vehicles exceeding 10 tons in order to preserve the structure of the road and prevent danger to its operation.

2. Defendant B, at the same time and place as above, committed the above violation in relation to Defendant B’s business.

Summary of Evidence

1. Defendants’ legal statement

1. The suspect interrogation protocol against the Defendants

1. Vehicle weight measuring table;

1. Application of Acts and subordinate statutes governing restrictions on vehicle operation;

1. Defendants of relevant legal provisions on criminal facts: Articles 83(1)2 and 54(1)2 of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008): Article 86 of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008)

1. Selection of each alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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