Whether Article 58 of the Automobile Transport Business Act is violated in case where the goods transport cost by private cars includes the goods cost.

The goods sold to a private car that sells the goods are transported to the place requested by the consumer, and the actual expenses are included in the price of the goods, it cannot be deemed that a private car prohibited by Article 58 of the Automobile Transport Business Act was used for commercial transport.

Article 58 of the Automobile Transport Business Act

Defendant

Prosecutor

Daejeon District Court Decision 82No916 delivered on April 13, 1983

The appeal is dismissed.

The grounds of appeal are examined.

The judgment of the court of first and second instances on this purport is not adopted, because the goods sold are transported to the place at which the consumer demands the goods, and the actual expenses are included in the goods price, it cannot be deemed that the goods for private use prohibited under Article 58 of the Automobile Transport Business Act are used for commercial transport.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)