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(영문) 의정부지방법원 2018.04.05 2018고정354

화물자동차운수사업법위반

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who carries on the transportation business with the trade name of "C" in Dobong-gu Seoul Metropolitan Government (Seo floor).

1. Any person who intends to operate a trucking transport business by running a trucking transport business without permission shall obtain the permission of the Minister of Construction and Transportation from the Minister of Construction and Transportation;

Although the Defendant’s permission for trucking transport business was transferred to a third party as of March 26, 2013 without permission, the Defendant operated the trucking transport business without permission by operating the said “C” from March 27, 2013 to September 21, 2017, including the commercial transport of 50-60 million won, as described in paragraph (2) on September 21, 2017.

2. The owner or user of a truck for private use in violation of the trucking transport business due to commercial transport of cargo shall not provide a private-use truck for transport of cargo for transport of cargo;

On September 21, 2017, around 11:20 on September 21, 2017, the Defendant, using a truck for personal use, transported the transport fare of KRW 6.50,000 to G from Seongbuk-gu Seoul Metropolitan Government, by receiving KRW 6.50,00 from the Seongbuk-gu Seoul Metropolitan Government Government, and provided the said private truck for transport of freight.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of inspection of the 112 Reporting Case List, H Motor Vehicle Register, and replys to investigation into truck transport arrangement business (director);

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 67 subparagraph 1, 3 (1) (the point of operating an unauthorized trucking transport business), Article 67 subparagraph 7, and 56 of the Trucking Transport Business Act (the point of providing private-use trucking transport business for consideration) and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;