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(영문) 전주지방법원 2020.10.30 2020고단693 (1)
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2020 order 693] The defendant is a person who operates the Embryptive Center C, which is located in Tonsan-gu B, Jeonju-si, and D is an employee of the Embryptive Center.

D, on September 18, 2019, around 06:40 on September 18, 2019, was in violation of the laws and subordinate statutes by driving the Fhoho, Yaeng, Yaeng-si E-ro, Chungcheongnam-si, Seoul, through a university of approximately 18-11, with respect to the Defendant’s business from the 1km section from the 1km to the underground streets.

[200 Highest 906]

1. The Defendant in violation of the Trucking Transport Business Act is the owner of a private-use truck.

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport purposes.

Nevertheless, around December 30, 2019, the Defendant provided the same private-use truck, while receiving KRW 300,000,000 from H of the Gunsan-si, Sinsan-si, and I's transfer of goods.

Accordingly, the defendant provided private-use trucks for cargo transport with compensation.

2. Around 12:00 on December 30, 2019, the Defendant driving a G 2 vehicle at a section of about 40 km from the J (J below the former city to the front of the H in Gunsan-si without a driver’s license.

Summary of Evidence

[200 Highest 693]

1. Defendant's legal statement;

1. Supplementary questioning of the police interrogation protocol regarding D [20 high group 906]

1. Application of the Acts and subordinate statutes to the defendant's legal statement K, each police officer's protocol of statement to K, the police officer's protocol of statement to I, the comprehensive details of vehicles

1. Relevant legal provisions concerning facts constituting an offense, and Articles 159, 152 subparagraph 1, and 43 of the Road Traffic Act that choose a penalty, Article 67 subparagraph 7, and Article 56 of the Trucking Transport Business Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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