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(영문) 수원지방법원 2009. 2. 19. 선고 2008고정4123 판결
[도로법위반][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Sponsortization

Text

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

If the Defendants did not pay each of the above fines, the Defendants shall be confined in the Labor House for the period calculated by converting each of 50,000 won into one day.

Criminal facts

1. Defendant 1 (Co-defendant 1 of the original judgment by the Supreme Court)

The defendant is a person who drives a large truck (vehicle number 1 omitted) connected to a track (vehicle number 2 omitted).

On December 18, 2007, at around 06:54, the Defendant violated the restriction on operation by loading a port of gross weight of 56.75 tons with gross weight of 56.75 tons and gross weight of 10 tons exceeding 10 tons on the 2nd 14.50 tons, 3rd 12.95 tons, 10.80 tons on the 4nd 5th 10 tons, 12.85 tons, and 40 tons on the 5th 40 tons, and operating the said truck.

2. Defendant 2 (Defendant by Supreme Court Decision)

The defendant (vehicle number 1 omitted) is a person who has been engaged in transportation business as a Track owner.

The above defendant 1, an employee of the defendant, operated the above cargo truck with the cargo loaded in excess of the limit load and the total weight as above in relation to the defendant's business at the same time and place as Paragraph 1, and violated the restriction on operation.

Summary of Evidence

1. Defendant 1’s legal statement

1. The defendant 2's partial statement

1. An interrogation protocol of Defendant 2 by the prosecution;

1. A report on detection of vehicles violating restrictions on operation;

1. A corporation statement;

Application of Statutes

1. Article applicable to criminal facts;

Defendant 1: Articles 83(1)2 and 54(1) (Selection of Fine) of the former Road Act (wholly amended by Act No. 8976 of March 21, 2008)

Defendant 2: Articles 86, 83(1)2, and 54(1) of the former Road Act (wholly amended by Act No. 8976 of March 21, 2008)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Code

Judges Ansan-heer

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