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(영문) 서울중앙지방법원 2013.10.24 2013고정3648

화물자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates an article center in the name of “C”.

The owner or user of a private-use truck shall not provide or lease his/her private-use truck for compensation.

Nevertheless, around 14:00 on May 18, 2013, the Defendant: (a) provided a driver D who was employed as a day-to-day worker on the street in front of the Dongjak-gu Seoul Metropolitan Government Sail-dong 163-23, with a private cargo vehicle owned by the Defendant to remove up to 162-43 of the same Act by using a private cargo vehicle owned by the Defendant; and (b) received a fare of up to 350,000 won from the customer F to provide a private truck for transportation purposes

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 5 and 56 of the Trucking Transport Business Act that choose a penalty, and the choice of a fine;

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

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