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(영문) 대구지방법원 영덕지원 2015.09.09 2015고정53

화물자동차운수사업법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a corporation established for the purpose of trucking transport business, and C is the driver of the defendant.

The owner or user of a private-use truck shall not provide for the purpose of transporting the private-use truck with a cost.

C around 15:00 on February 7, 2015, the E plant located in Gyeongbuk-gun D, and the E shall receive 400 won per fertilizer transportation cost from E, and the F car truck owned by the Defendant, which is a private truck, load 201 franch and transport 201 franch to the front of the community hall located in the nautical miles of the same Gun, and the same year.

2. Around September, 200, by loading a fertilizer of 560 grams in the above plant and transporting it to a place where the place in the same Gun cannot be identified, the freight amounting to the sum of KRW 304,400 for transportation of freight amounting to the sum of KRW 761 for fertilizers and transportation cost was provided two times in total, and the Defendant had the freight truck receive the transportation cost.

As a result, C provided the private-use truck for the purpose of cargo transport at a cost, and the defendant, who is an employee, caused G to commit the above-mentioned violation in relation to the defendant's business.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of each police statement related to C and H;

1. Application of Acts and subordinate statutes to a motor vehicle registration certificate copy (F), investigation report (including attachment of cargo loading photograph), (including Chapter 4 of a photograph attached), certificate of all the registered matters (A), certificate of business registration (principal, A), copy of a unit price contract for cargo transport, copy of a unit price contract, investigation report (verification as to whether the cargo

1. Relevant legal provisions concerning facts constituting an offense, and Articles 69 (1), 67 (7), and 56 of the Trucking Transport Business Act that choose a penalty;

1. Penalty fine of 500,000 won to be suspended;

1.Article 59(1) of the Korean Criminal Code provides that while the Defendant is carrying more than 100,000 fertilizer for business use, the quantity of 761 Gab, which is a small scale compared to the total quantity of transport, due to a mistake in the work, shall be the personal cargo vehicle.