화물자동차운수사업법위반
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. It is improper to apply the Trucking Transport Business Act to packing directors, and the defendant merely received money as personnel expenses in making packing directors, and did not provide private-use trucks for consideration.
Nevertheless, each court below erred in understanding the legal principles and sentenced the defendant guilty.
B. The punishment (the first and second instances: imprisonment for 6 months, the suspension of execution for 2 years, the third instances: the fine of 1.5 million won, the fine of 1.5 million won: the fine of 1.5 million won: the fine of 1.5 million won) imposed by each court below on the accused of unfair sentencing is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of this court 2012No3381, which is the appellate case against the judgment of the court of first instance, the case of this court 2012No2929, which is the appellate case against the judgment of the court of second instance, and the case of this court 2012No3477, which is the appellate case against the judgment of the court of second instance, and the case of this court 2013No309, which is the appellate case against the judgment of the court of second instance, all of the appeals of this court 2012No347 and the case of this court 2013No309, which is the appellate case against the judgment of the court of second instance. Each of the above judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced
However, despite the existence of the above reasons for ex officio reversal, the Defendant’s assertion of misapprehension of legal principles is still subject to the judgment of this court.
B. In determining the misapprehension of legal principles, there is no separate provision that Article 67 subparag. 5 and Article 56 of the Trucking Transport Business Act does not apply to the operation of the packing director service business for the 1 packing director service business, and the case where a trucking transport business license is granted by meeting the requirements prescribed in the Trucking Transport Business Act and the Enforcement Rule of the same Act.