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(영문) 서울동부지방법원 2017.06.16 2017고정582
화물자동차운수사업법위반
Text

Defendant

A shall be punished by a fine of KRW 500,000,000,000,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is the owner of a private-use truck with interest EPoter II in the place of business of the DP in Songpa-gu Seoul, Songpa-gu, and the defendant A is the user of the above truck with interest on the employees of the DP's place of business.

1. No owner or user of a private-use truck shall provide such private-use truck commercially for transport of cargo;

Nevertheless, the Defendant, on September 21, 2016, transported the door-to-door fire extinguishings requested from the Songpa-gu Seoul Metropolitan Government office to D's place of business, using a private-use truck for EPoter II, transported to the recipient of door-to-doors located in Songpa-gu Seoul Songpa-dong and received KRW 2 million monthly wage from B.

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

2. On September 21, 2016, Defendant B, an employee of the Defendant, provided a private-use truck from Songpa-gu Seoul District Office to the Songpa-gu Seoul District Office for the purpose of transport for cargo at a cost, as described in paragraph (1) above, and committed an offense regarding the Defendant’s duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Comprehensive details of vehicles;

1. A written accusation;

1. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power);

1. Defendant A who is subject to the pertinent legal provisions and punishment with respect to the facts constituting an offense: Article 67 subparag. 7 and Article 56 of the Trucking Transport Business Act; Article 69 subparag. 2, Article 67 subparag. 7 and Article 56 of the Trucking Transport Business Act; and Article 69 subparag. 7 and Article 56 of the same Act and the selection of fines;

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

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