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(영문) 대전지방법원 서산지원 2015.10.22 2015고정163

화물자동차운수사업법위반

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Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

1. No owner or user of a private-use truck shall provide or lease such private-use truck commercially for transport purposes;

Nevertheless, the defendant from May 22, 2014 to the same year.

6. until March 6, 200, the G1 ton vehicle owned by the Defendant was lent to F on condition that F sent to F as the E candidate of “6.4 Nationwide Local Election” receive KRW 1370,000,00.

2. No owner or user of a private-use truck shall provide or lease such private-use truck commercially for transport purposes;

Nevertheless, the defendant from May 22, 2014 to the same year.

6. Until March 6, 200, J 1 ton cargo vehicles owned by the Defendant were lent to the said I, subject to the condition that I, who was going to the H candidate of '6.4 Nationwide regional election', would receive KRW 130,000,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. A letter of accusation of the recipient association;

1. Application of the Acts and subordinate statutes concerning vehicle inquiry;

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

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

1. Judgment on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the Defendants’ assertion argues that ① Public Official Election Act does not require the Defendants to be a commercial vehicle for an election vehicle, and the Election Commission does not limit the use of a private-use truck, so the Trucking Transport Business Act shall not apply to the Defendants in accordance with the principle of priority of the Special Act, and ② the Defendants do not lease a private-use truck for the purpose of transportation, but leased for rent and speech, so they do not constitute an act prohibited under Article 67 subparag. 7 of the Trucking Transport Business Act.

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