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(영문) 광주지방법원 2018.02.07 2017노3781
화물자동차운수사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, misunderstanding of legal principles is merely a special equipment truck, and it cannot be deemed as a violation of the Trucking Transport Business Act even if a truck is operated by using it, since it is not a truck for business purposes. Although the defendant did not hold a permit for transportation brokerage, it cannot be deemed as illegal to conduct a transport business upon request from a business owner who has obtained a permit for transportation brokerage, the court below convicted all of the facts charged in this case. Thus, the court below erred by misapprehending the legal principles or misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake, etc. 1) The lower court determined that the part on the use of a private bridge is a truck subject to the Trucking Transport Business Act (Article 3 of the Enforcement Rule of the Trucking Transport Business Act) on the ground that the motor vehicle used in the upper part of a bridge and a special motor vehicle under Article 3 of the Automobile Management Act, which is a truck and a motor vehicle of the national land Ordinance of Ordinance of Ministry of Land, Transport and Maritime Affairs, and that the motor vehicle used in the upper part of a wall and a roadway, pointing out by the Defendant, falls under Article 3 of the Automobile Management Act and Article 2 of the Enforcement Rule of the same Act [Attachment 1].

In light of the records, the above fact finding and judgment of the court below are justified and there is no error of law such as misconception of facts as alleged by the defendant in the judgment below.

2) If a trucking business operator partially using another trucking business operator allows another trucking business operator to transport cargo using a truck of another trucking business operator, the trucking business operator constitutes an unlawful act as it constitutes a trucking arrangement business (see Supreme Court Decision 2013Do13743, Jun. 9, 2016). In addition, the trucking business operator allows another trucking business operator to transport cargo using the truck of another trucking business operator.

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