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(영문) 수원지방법원 2008.11.06 2008고정2987
도로법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Around 16:09 on April 16, 2006, Defendant A, as a driver of a flag C, was exposed to a traffic control team at an air-going inspection station located in Incheon at the port of Incheon at around 04:09. Although the road in its location limits the operation of vehicles exceeding 10 tons of a stable and a gross weight of 40 tons in order to preserve the road structure and prevent risks to vehicle operation, Defendant A violated the restriction on vehicle operation of the road management authority by operating the said engine with a gross weight of more than 14.7 tons, 2:14.7 tons, 14.1 tons, 3 stables, 11.5 tons, 4 stables, 11.7 tons, 4 stables, 12.3 tons, 6 stables, 11.7 tons, and gross weight of 76 tons;

2. Defendant B, as the owner of the foregoing mid-term season, committed the act of violation as described in paragraph 1 in relation to the Defendant’s duties at the date and place specified in paragraph 1, and at the same time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the applicant and a manual;

1. Defendant A of the pertinent legal provision regarding criminal facts: Articles 83(1)2 and 54(1) of the former Road Act (wholly amended by Act No. 8976 of March 21, 2008): Articles 86, 83(1)2 and 54(1) of the former Road Act (wholly amended by Act No. 8976 of March 21, 2008);

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

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