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(영문) 대전지방법원 2015.06.17 2015고단1413
도로법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the owner of the freight truck, and the defendant's employee B is the defendant's employee, with respect to his duties.

A. On January 20, 2005, around 21:24, in violation of the restriction on the operation of the vehicle by the road management authority by operating the above truck while loaded with the cargo with 11.33 tons of 10 tons from the third axiss in excess of 10 tons from the limitation on the loading of the truck at the North Daegu Daegu located at 134.4km located in Busan Busan Branch;

B. On March 18, 2005, around 18:52, a violation of the restriction on the operation of a vehicle by running the said truck while loaded with the cargo to 11.03 tons of 3 livestocks in excess of 10 tons of the limitation on the loading of the truck at a water metal business office in the direction of 4km point in the center line of 4km.

C. On June 6, 2005, around 21:16, violation of the restriction on the operation of a vehicle by a road management authority by operating the truck while loaded with the cargo with 11.15 tons of 5 metric tons in excess of 10 tons of the limitation on the loading of the above cargo at the port of Gangseo-gu branch of 26.5km in the direction of Gangseo-dong Line 26.5km.

D. On June 6, 2005, around 21:43, violation of the restriction on the operation of a vehicle by a road management authority by operating the relevant truck while loaded with the cargo loaded with 11.13 tons of 5 livestocks in excess of 10 tons of the limitation on the loading of the truck at the port of Gangseo-gu branch of Gangseo-gu, 24.4km at the point of Gangseo-gu, 2005;

E. On June 24, 2005, around 15:48, at the west 20.95km point, the freight truck was loaded at the west 20.95km point in the west 2005 km point, and in excess of 10 tons of the restricted axis, the truck was operated while 11.18 tons of the 4 livestock, and violated the restriction on the operation of the vehicle by the road management authority.

2. The prosecutor of the judgment applied Articles 86, 83(1)2 and 54(1) of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005; hereinafter the same) to the facts charged in the instant case, and applied Articles 86, 83(1)2 and 54(1) to the summary order, and issued the summary order on Jan. 26, 2006 to the Defendant.

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