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(영문) 서울북부지방법원 2018.09.14 2018고정1065
화물자동차운수사업법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendant A is the user of the vehicle in C’s private-use Poter II.

The owner or user of a private-use truck shall not provide such private-use truck for transport of cargo at a cost.

Nevertheless, at around 14:00 on March 8, 2018, the Defendant transported door-to-door stuffs from a door-to-door apartment, etc. located in Dongdaemun-gu Seoul Metropolitan Government, to the first apartment, etc. located in 11-gil 22, 11-gil-ro, Dongdaemun-gu, Dongdaemun-gu, the Defendant provided the said private-use truck for cargo transport at a cost, on the ground that 500 won to 800 won per stuffs and 800 won per transportation cost.

2. Defendant B is the owner of the vehicle in C’s private Poter II, and is the owner of the vehicle in question.

The owner or user of a private-use truck shall not provide such private-use truck for transport of cargo at a cost.

Nevertheless, the Defendant had the Defendant A operate the said private-use truck in the same manner at the same time and place as the above 1. paragraph, and provided the said private-use truck for cargo transport at a cost.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A written statement of the defendant A

1. Voluntary accompanying report;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Article 67 subparagraph 7 or 56 of the Trucking Transport Business Act, the selection of fines and defendant E with respect to the facts constituting a crime: Article 69 (2), Article 67 subparagraph 7 or Article 56 of the Trucking Transport Business Act, and the selection of fines;

1. Defendants: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants: Article 334(1) of the Criminal Procedure Act

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