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(영문) 부산지방법원 2015.02.13 2014구합22312
유가보조금 6개월간 지급정지처분 취소
Text

1. The Defendant’s disposition of suspending payment of fuel subsidies for six months against the Plaintiff on July 28, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a land owner of B truck (hereinafter “instant vehicle”) and is a person who enters into an entrustment contract with Do Forest Logistics Co., Ltd. for the said vehicle and carries on cargo transport business.

The Defendant of the instant criminal act (Plaintiff) is a cargo driver who had been affiliated with the Ministry of Trade, Industry and Energy in the Ulsan District Department from January 201, 201, and was in charge of the C Branch of the Ulsan District Department from May 1, 2012.

On June 23, 2012, around 22:30 on June 23, 2012, the Defendant promised to take the direction that the phone gets off from the new wall, and as it is in compliance with the direction that the phone gets off.

Accordingly, E and F in the Ulsan District Department of Cargo Co., Ltd used the above largephones and sponsing vehicles to prevent the chain fire on 20 occasions from 01:1 on June 24, 2012 to 03:47 on 20 occasions.

B. On December 7, 2012, the Plaintiff was sentenced to a two-year judgment of suspended execution (Ulsan District Court 2012Gohap327) for ten months of imprisonment with prison labor for general car fire prevention (hereinafter “instant criminal act”), and both the Plaintiff and the public prosecutor appealed, but the judgment of dismissing the appeal was rendered on May 8, 2013 (Seoul High Court 201No716) and the judgment became final and conclusive on the 16th of the same month.

C. In accordance with Articles 44 and 44-2 of the Trucking Transport Business Act on July 28, 2014 (hereinafter “ Trucking Transport Business Act”), Article 9-11 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 25788, Nov. 28, 2014); Articles 28 and 29 of the Regulations on the Management of Fuel Subsidies (hereinafter “Rules on the Management of Fuel Subsidies”), the Defendant suspended the payment of fuel subsidies for the instant vehicle for six months (from August 1, 2014 to January 31, 2015) to the Plaintiff (hereinafter “instant Disposition”).

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