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(영문) 울산지방법원 2013.08.30 2012고단2446
도로법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

In order to order the provisional payment of an amount equivalent to the above fine.

January 22, 2008

Reasons

Punishment of the crime

The defendant is a corporation established for the purpose of the operation, etc. of transport service, and A is a B truck driver.

1. On May 3, 200, 10:0 Busan Dong-dong, 5:00 Busan Dong-dong, in relation to the Defendant’s business, A, an employee of the Defendant, violated the standards for restrictions on the operation of the road management authority by exceeding 0.80 tons of total weight of 40 tons, 1.40 tons of the 3 stable load, 3.60 tons of the 4 stable load, 0.60 tons of the 4 stable load, 0.80 tons of the 5 stable load, and 12.60 tons of total weight of 12.60 tons.

2. On August 30, 2008, around 11:05, at the Busan metropolitan area prior to the Busan metropolitan area, A, an employee of the Defendant, violated the restrictions on operation of the road management authority by operating more than 0.60 tons between the 40 tons of sufficient weight, 0.60 tons of the 3 stable load, 0.60 tons of the 40 tons of the 3 stable load, 0.60 tons of the 4 stable load, 1.40 tons of the 5 stable load, and 10.90 tons of the gross weight.

Summary of Evidence

1. Ulsan District Court 2008 High Court 25706 summary order against A;

1. The application of Acts and subordinate statutes of the Ulsan District Court 2009 High Court 560 decided against A; and

1. Article 98 (1) 2, Article 59 (1), and Article 100 (1) of the former Road Act (amended by Act No. 8976 of Mar. 21, 2008); the choice of each fine for a crime;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On January 22, 2008, at the National Highway No. 31 of Ulsan-gun National Highway No. 12:27 on the charges, A, an employee of the Defendant, violated restrictions on the operation of road management authorities by operating more than 10 tons of gross weight, more than 40 tons of 2.0 tons of 3 reduction weight, more than 1.95 tons of 4 reduction weight, more than 5.45 tons of 4 reduction weight, more than 4.15 tons of gross weight, more than 20.20 tons of 5 reduction weight, and more than 20.20 tons of gross weight.

2. The laws and regulations in the column of the application of the summary order subject to review are "Road Act".

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