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(영문) 인천지방법원 2012.11.26 2012고정4054

화물자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant

A is the owner of C-private truck as a person who operates the removal center in the trade name of “B,” and D is the operator of C-private truck as a person who manages the above removal center in general.

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

Nevertheless, on July 9, 2012, at around 14:38, the Defendant and D, without the permission of the competent authorities, transported the moving of the car to the private-use truck of the F Building 501 of the same Gu in Gyeyang-gu Incheon, Incheon, to the above private-use apartment, and received KRW 450,000 from G for transportation costs, and provided the private-use truck for transportation at a cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Reporting on detection;

1. Application of Acts and subordinate statutes to photograph vehicles on board;

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

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;