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(영문) 부산지방법원 2005.11.29 2005고정5489
도로법위반
Text

Defendant

A shall be punished by a fine of 500,000 won and by a fine of 500,000 won for defendant corporation.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the driver of the vehicle B, and the same kind of corporation is a corporation for the purpose of transportation business, etc., which is the owner of the above vehicle;

1. Defendant A

A. On September 23, 2004, at around 17:50, around 17:50, a person operates a vehicle loaded with a large weight exceeding 10 tons in order to preserve the structure of the road and prevent any danger to traffic at the port of the Busan Metropolitan Office of Expressway, while restricting the passage of loaded vehicles with a large weight exceeding 10 tons, while loading and operating construction materials to the said vehicle, he/she operates the vehicle with a load exceeding 1.52 tons of 1.52 tons;

B. On November 19, 19:21:37 of the same year, the Korea Highway Corporation in the direction of the South Sea Highway in order to load and operate more than 1.34 tons of imported new products with 11.34 tons of more than the 1.34 tons of the above vehicles on the 2nd axis of the said automobile at the Seosan Highway Corporation;

2. The same kind of stock company:

A. As to the Defendant’s business, the above A, an employee, commits a violation under the preceding paragraph (a).

B. As to the Defendant’s business, the above A violated the former “B”.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police prepared C;

1. Application of Acts and subordinate statutes to notification of detection of vehicles violating restrictions on operation on each expressway;

1. Article 83 (1) 2 of the Road Act and Article 54 (1) of the same Act concerning facts constituting an offense;

2. Article 86 of the Road Act;

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

1. Articles 70 and 69 (2) of the Criminal Act shall be confined in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;

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