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(영문) 인천지방법원 2012.09.07 2012고정2438
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a C-private truck who operates the B-director center as the "B director".

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

Nevertheless, at around 09:00 on January 8, 2012, the Defendant, without obtaining permission from the competent authorities, transported the article from 30,000 to 480,000 won as transportation expenses and provided private-use trucks for cargo transport at a cost, when transporting the article from 8 to 6 units of the same apartment from 963 Dong, Gyeyang-gu, Incheon Metropolitan City.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Written statements of D;

1. Application of statutes to field photographs, copies of registration certificates, and copies of business registration certificates;

1. Article 67 subparagraph 5 of the Trucking Transport Business Act and Article 56 (Selection of Fines)

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

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

1. The Defendant asserts to the effect that ① a person operating a lawfully packing director service business, who is not a business entity subject to the " Trucking Transport Business Act", and not a business entity subject to the "trucking Transport Business Act", and ② a person providing each of the instant trucks free of charge as part of packing director service, and that the person did not provide a private-use truck as a "commercial"

2. Determination

A. The facts charged in the instant case regarding the application of the Trucking Transport Business Act to packing directors service business are as follows: (a) Defendant provided a private-use truck for a fee; and (b) Defendant provided a cargo transport without obtaining permission for a truck transport business or freight forwarding business.

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