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(영문) 서울북부지방법원 2018.02.02 2017고정2308

화물자동차운수사업법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B, and Defendant B is a corporation established for the purpose of door-to-door transportation business.

1. No person who is a defendant A shall provide or lease a private-use truck for transport of cargo at a cost;

Nevertheless, on September 26, 2017, the Defendant provided a private-use truck for cargo transport at a cost by having D, who is aware of the ownership of the Co., Ltd., as a private-use truck, load the cargo on the above truck and deliver it to the delivery site around the above apartment.

2. The Defendant B, as described in paragraph 1, provided the Defendant’s representative A with a private-use truck for cargo transport at a cost as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspects of D;

1. A written accusation;

1. A certificate of all registered matters;

1. Application of statutes on field photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 67 Subparag. 7 and Article 56 (Selection of Penalty) of the Trucking Transport Business Act;

B. Defendant B: Articles 69(1) and 67 of the Trucking Transport Business Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act