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(영문) 부산지방법원 2020.03.11 2020고정98

화물자동차운수사업법위반

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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the user of private-use truck, is a person who actually runs an article center called “C” as the user of the private-use truck.

The owner or user of a private-use truck shall not provide or lease his/her private-use truck for compensation.

Nevertheless, at around 13:10 on September 28, 2019, the Defendant, using the above truck, transported 300,000 won as freight charges, to E in the vicinity of the D market located in the Young-gu in Busan Metropolitan City, and received 300,000 won.

Accordingly, the defendant provided a private-use truck for the purpose of cargo transport at a cost.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to field photography photographs and investigation reports (H truck vehicle register perusal);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;