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Reasons
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(영문) 대전지방법원 2014.08.22 2014고정807
화물자동차운수사업법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The owner or user of a private-use truck may not provide or lease a private-use truck for transport purposes (including expenses necessary for the operation of the truck). On December 10, 2014, the Defendant used a private-use truck for the transportation of cargo for the use of a private-use truck, which is a private-use truck, in front of the 15-class apartment 105-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, for the use of a private-use truck for transport of cargo.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs;

1. According to the records on the Defendant’s assertion submitted additional evidence, it is recognized that the Defendant was a person operating the House D, who used the instant truck, transported the removal and received KRW 700,000 from the Defendant.

In this regard, the defendant asserts that the truck of this case is provided free of charge, and thus, the trucking transport of this case is not established as a violation of the Trucking Transport Business Act. However, since the transport of this article is the essential part of the trucking center service, it is reasonable to view that the above consideration that the defendant paid is included in the fee for the trucking transport of this case. The trucking Transport Business Act refers to the trucking transport business that carries freight with compensation by using the truck in response

(Article 2(3) provides that a person who intends to use a truck not used for a trucking transport business, etc. but for a private use (hereinafter referred to as "private-use truck") as a truck prescribed by Presidential Decree shall report the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Mayor/Do Governor (Article 5), and the owner or user of a private-use truck shall pay for the truck for his/her own use (including expenses incurred in operating the

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