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(영문) 서울남부지방법원 2018.06.08 2018고정118

화물자동차운수사업법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The Defendant is a C-private truck owner.

No owner or user of a private-use truck shall provide or lease his/her private-use truck commercially for transport of cargo.

Nevertheless, at around 10:00 on September 25, 2017, the Defendant laid four boxes of the instant vehicle E in Gangseo-gu Seoul Metropolitan Government D from September 25, 2017.

In addition, this article received KRW 600,000 in return for transporting the same article to F of Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant provided private-use trucks for transportation of cargo at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (G telephone investigation);

1. Article 67 of the relevant Act and Articles 67 subparagraph 7 and 56 of the alternative trucking Transport Business Act concerning facts constituting an offense, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has a record of being punished twice for the same kind of crime, shall be determined as ordered by taking into account the various factors expressed in the record and trial process