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(영문) 대구지방법원 2005.11.02 2005고정4473
도로법위반
Text

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

Defendant

If A does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A As a driver of Samsung Transportation Co., Ltd., the driver of Samsung Truck B 25 tons, the defendant Samsung Transportation Co., Ltd. is a corporation established for the purpose of trucking transport business, etc., which is the owner of the above truck.

1. Defendant A, at around 03:49 on July 19, 2005, loaded freight on the above truck and operated a road in front of the Youngcheon-si 52 Korea Highway Corporation located in Yongcheon-si, Yongcheon-si, 52, in order to preserve the road structure and prevent the danger of operation, Defendant A violated the above restriction on operation by running a vehicle exceeding 10 tons of a stable load or a total weight of 40 tons by a road management agency, despite the fact that the above road is restricted by the road management agency for the purpose of preserving the road structure and preventing the danger of operation.

2. Defendant Samsung Transportation Co., Ltd. committed an act of violation as described in paragraph (1) with respect to the business of the Defendant Co., Ltd. as its employee.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. A copy of the C Preparation Statement;

1. Notification of detection of vehicles violating restriction on operation;

1. Control note;

1. A certificate for a limited vehicle;

1. Application of a copy of motor vehicle registration certificate or certified transcript of corporate register;

1. Relevant legal provisions pertaining to criminal facts A: Articles 83 (1) 2 and 54 (1) of the Road Act; Articles 86, 83 (1) 2 and 54 (1) of the Road Act;

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:

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