Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person operating a center that moves into D5 tons of cargo vehicles with the trade name “C” in Yeonsu-gu Incheon Metropolitan City B, and is a private truck owner E2.5 tons of cargo vehicles.
The owner or user of a private-use truck shall not provide or lease his/her private-use truck for compensation.
Nevertheless, at around 13:00 on August 29, 2014, the Defendant received a request from F to transport the article from F on the street, front of the death rate of Silung-dong, and received a request from the Defendant to transfer the article. The Defendant loaded a surplus article that is not loaded in excess of the load carrying capacity of the D5 tons of the freight owned by the Defendant, on a private-use truck owned by 2.5 tons E 2.5 tons, and transported F's article from the 600,000 won of the 108-dong, Silung apartment, which is in the death rate of Silung-dong.
Accordingly, the defendant provided private cargo cars for cargo transport at a cost.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes, such as confirmation and photograph (the defendant claimed that the article exceeding five tons is transported free of charge, and thus, the defendant is not guilty. However, as long as the defendant received KRW 700,00 and provided both the cargo vehicle for business and the cargo vehicle for private use, the part which provided the cargo vehicle for private use cannot be deemed to have been separately provided and gratuitously.)
1. Article 67 Subparag. 5 and Article 56 of the former Trucking Transport Business Act (Amended by Act No. 12707, May 28, 2014); the choice of fines for criminal facts;
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;