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(영문) 서울동부지방법원 2017.06.02 2017고정605
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of a private-use truck B.

No owner or user of a private-use truck shall provide or lease his/her private-use truck commercially for transport of cargo.

Nevertheless, on January 18, 2017, the Defendant: (a) at the Gangnam-si branch in the Gyeonggi-do, where around 11:30 on January 18, 2017, the Defendant received a request from the location company for the carriage of the cargo by using the said private truck; (b) transported 800-1,000 won per unit from January 16, 2017 to January 23, 2017; and (c) received approximately 420,000 won in return.

Accordingly, the defendant provided private-use trucks for cargo transport at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 67 of the relevant Act and Articles 67 subparagraph 7 and 56 of the alternative trucking Transport Business Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the period of violation, frequency, and amount of profit of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant had the record of punishment for the same kind of crime, even if all other sentencing conditions are considered, the amount of fine specified in the summary order shall be imposed.

It does not seem that it does not appear.

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