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(영문) 의정부지방법원 2013.10.29 2013고단2856
도로법위반
Text

The defendant shall be innocent.

Reasons

1. Summary of facts charged

A. On March 26, 2003, the Defendant’s employees C violated the restriction on the operation of the road management authority by operating D freight vehicles owned by the Defendant, while he was loaded more than 1.87 tons at the Korea Highway Corporation (Korea Highway Corporation, 237.9km)’s office on March 26, 2003, in relation to the Defendant’s duties, around 02:59, at the time of loading more than 1.87 tons at the Maritime Expressway 237.9km.

B. Around May 8, 2002, the Defendant’s employees E violated the restriction on the operation of the road management authority by operating D cargo vehicles owned by the Defendant in a state where the total weight of 4.8 tons exceeds 4.8 tons from the 1st written autopsy on the 34 line of Ageo-si National Highway 34, Ageosi-si, Ageosi National Highway, around May 8, 2002, in relation to the Defendant’s business.

C. On July 31, 2006, around 16:21, 2006, around 16:21, 2006, the employees F of the Defendant’s employee F of the Defendant violated the restriction on the operation of the road management authority by operating a G cargo vehicle owned by the Defendant’s management authority while he was loaded with a total of 4.21 tons at the Seoul Highway Corporation’s business office located in the Incheon Highway Corporation at the point of 16.5km, which is an expressway, in excess of the total of 4.21 tons.

2. The judgment prosecutor, applying Article 86 and Article 83(1)2 of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2005; Act No. 7832, Dec. 30, 2013; Act No. 7832, Dec. 30, 2005; Act No. 86 and Article 83(1)2 of the former Road Act (wholly amended by Act No. 8976, Mar. 21, 2008) to the facts charged in the case.

However, after the above summary order subject to review became final and conclusive, the Constitutional Court has been amended by Act No. 4920 of Jan. 5, 1995 on Oct. 28, 201 by Act No. 7832 of Dec. 30, 2005.

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