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춘천지방법원 강릉지원 2013.10.15 2013고정307

화물자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No user of a private-use truck shall provide or lease a private-use truck for compensation.

Nevertheless, at around 15:30 on January 11, 2013, the Defendant loaded an article that was transported by D, the owner of the B Apartment at the same time, B Apartment 101, 801, and 801, and transported B Apartment 10,000,000 won, and provided for transportation of the private cargo vehicle at a cost.

Summary of Evidence

1. A legal statement to the effect that the defendant has transported Articles by using a motor vehicle for personal use;

1. Legal statement of witness D;

1. Application of the register of automobiles statutes

1. Article 67 subparagraph 5 of the Trucking Transport Business Act and Article 56 of the same Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant asserts that the charges are not recognized since he/she entered into a transport contract with labor cost of KRW 3.10,00 (one male x 80,000 won x one female 70,000 won), KRW 2.220,00 won, KRW 120,000 for E business use, KRW 50,000 in total, and KRW 6.50,000 in total, transported by using a commercial vehicle, and transported by using a commercial vehicle, and transport by using a commercial cargo

However, according to the witness witness D's testimony, it can be recognized that the directors' expenses were set up in a comprehensive amount of KRW 600,000,000, but did not conclude a contract of carriage by individual cargo vehicle. In the end, the defendant is bound to transport D's transfer of goods and provide private cargo for transportation purposes.

Therefore, the defendant's assertion is not accepted.

It is so decided as per Disposition for the above reasons.