A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the actual owner of the vehicle B for private use as cargo.

The owner or user of a private-use truck shall not provide or lease his/her private-use truck for cargo transport with compensation.

Nevertheless, the Defendant used the foregoing vehicle from around 14:00 on December 15, 2017 to 14:20 on the same day, and transported an article from Sungnam-si, Sungnam-si, Gwangju-si, with the cost of KRW 1618 Dong 205,50,00, and provided the said vehicle for private use as cargo transport for compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on field photographs;

1. Article 67 of the relevant Act and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act and the choice of imprisonment with prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is that the Defendant committed the instant crime again in spite of the previous conviction of a fine of five times since 2011.

However, considering the fact that the defendant has no record of punishment exceeding the fine, confessions and reflects on the crime of this case, the scale of business is not large, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.