도로법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The amount equivalent to the above fine shall be paid provisionally.
1. Summary of grounds for appeal;
A. Since D, the owner of the freight truck of this case in mistake of facts, employed B as the owner of the goods of this case, the above B was an employee of D or B who requested D or freight transportation, the owner of the goods of this case, but the court below found the defendant guilty in accordance with the joint penal provisions under Article 86 of the Road Act on the premise that B is the defendant's "agent, employee, or other employee", the court below erred by misapprehending the legal principles, or by misapprehending
B. In light of the fact that the Defendant did not know of the excessive act of B, a driver, and the Defendant received KRW 20,000,000 per month entrusted management expenses from D, a son, and the fine imposed on the Defendant remains at least 29 million won in total and is to be imposed on the Defendant, the sentencing of the lower court against the Defendant (two million won in fine) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, even if the land owner entered into a cargo transport contract between a freight trucking business operator holding a false trucking transport business license and a borrower holding a motor vehicle, the motor vehicle is registered in the name of the freight trucking business operator and reverted to the freight trucking business operator, and each borrower conducts a business on his/her own management and account, and the freight trucking service provider pays the fare to the freight trucking business operator, the land owner entered into a cargo transport contract under his/her name while he/she directly operates and manages the motor vehicle and directly operates and manages the motor vehicle into the tax office, so long as the motor vehicle is registered as owned by the land owner and only the land owner has the freight transport business license, the land owner is deemed to be an objective external form and is in the position of acting for the operation and management by delegation pursuant to an entrustment contract with the land owner as prescribed in Article 86 of the Road Act.