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(영문) 서울서부지방법원 2017.05.19 2017고정224

화물자동차운수사업법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who owns a private-use truck B1 ton.

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport of cargo.

Nevertheless, around September 15:20 on September 5, 2016, the Defendant, using the above vehicle, provided private trucks for cargo transport at a cost, such as transporting household appliances that are transported to D agencies in the vicinity of Yongsan-gu Seoul Metropolitan Government, to unspecified customers and receiving transportation charges in an amount equivalent to KRW 200-3 million per month.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violations of the Automobile Management Act and the Trucking Transport Business Act;

1. Vehicle photographs at the time of detection;

1. License register;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 67 of the relevant Act and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act concerning facts constituting an offense (Optional to Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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