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(영문) 서울동부지방법원 2017.10.24 2017고정1219

화물자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner and the driver of a private-use truck.

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

Nevertheless, on May 25, 2017, the Defendant received KRW 100,000 as transportation expenses from D who operated the Ganmorging Center and provided the same truck for the transportation of personal cargo for cargo, such as transporting the same as the above truck to the village of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Report on the occurrence of a violation of trucking transport business Act and the application of statutes related to photographs at the occurrence;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of the workhouses are as follows: (a) one time to suspend indictment on the grounds of the same kind of crime; (b) one time to be subject to the criminal punishment of fines; (c) the degree of profit of the accused; and (d) the age of the accused, etc. as shown in the public trial of this case.