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(영문) 서울서부지방법원 2016.11.11 2016고정941

화물자동차운수사업법위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant is the user of C-private truck, and around 11:10 on March 1, 2016, the Defendant: (a) received 75,000 won per truck per truck on the face of the Jeju Mapo apartment redevelopment project site from the F of the “E” company that is engaged in soil transportation services; (b) received 75,000 won per truck on the face of the State; and (c) transported the soil on the site of the Mapo-gu Seoul Mapo apartment redevelopment project to carry the soil on the said private truck and provide the private-use truck for transportation at a cost.

2. The definitions of terms used in this Act under the relevant Acts and subordinate statutes, trucking Transport Business Act, shall be as follows:

1. The term "trucks" means trucks and special motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 3 of the Motor Vehicle Management Act;

"Motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport" in subparagraph 1 of Article 2 of the Enforcement Decree of the Trucking Transport Business Act (hereinafter referred to as the "Act") means general, dump type, bump type, and special-purpose trucks, towing type, salvage type, and special-work type motor vehicles in accordance with attached Table 1 attached to the Enforcement Rule of the Motor Vehicle Management Act.

(Ma) The terms used in this Act are defined as follows:

1. The term "motor vehicle" means an instrument manufactured for the purpose of movement on land by an engine, or an instrument manufactured for the purpose of movement on land by being towed (hereinafter referred to as "protruding motor vehicle");

Provided, That those prescribed by Presidential Decree shall be excluded herefrom.

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2. The term "motor" means a power-generating device, such as an internal combustion engine or an electric motor, the main purpose of which is to drive motor vehicles;

Article 3 (Types of Motor Vehicles) (1) Motor vehicles shall be classified as follows:

3. Freight motor vehicle: A cargo loading space suitable for the transport of cargo shall be located and shall be located in the loading space;