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(영문) 대구지방법원 서부지원 2013.07.19 2013고정647

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 person shall allow any person who is not qualified as a truck driver to engage in driving service of trucking transport business.

Nevertheless, the Defendant substantially operates C Co., Ltd. in Seo-gu, Daegu Metropolitan City B:

1. From February 17, 2005 to December 15, 2011, allowing D, who is not qualified as a truck driver, to drive an EMo-5 tons truck, grassland, and to engage in freight forwarding services, etc.;

2. From February 25, 2011 to December 15, 2011, F had F, who is not qualified as a truck driver, drive a G-style 27 tons truck to engage in freight forwarding services, etc.

Accordingly, the defendant had those who are not qualified as cargo transport workers engage in the trucking transport business.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Copy of the entrusted management contract;

1. Application of statutes to a certificate of employment, a copy of all registered matters of corporation;

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 3 of Article 68 of the former Trucking Transport Business Act (amended by Act No. 10804, Jun. 15, 201);

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

1. Articles 70 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;