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Acquittal of the accused shall be acquitted.
Reasons
Punishment of the crime
1. The summary of the facts charged shall not be provided for commercial transport of cargo;
Nevertheless, on September 3, 2016, the Defendant, at the center of Ildong-gu, Busan Metropolitan City around 14:00, delivered a substitute ship using a private cargo vehicle owned by the Defendant in front of the 1233 Hyundai Round, and received at the freight rate of KRW 1,800 per article at the expense of 1,800, and provided a private truck for commercial transport.
2. According to the records of this case, on September 23, 2016, the date and time after the date and time indicated in the facts charged of this case, the Defendant was sentenced to a fine of KRW 4,00,000 as a violation of the Trucking Transport Business Act, and the judgment became final and conclusive on October 1, 2016, and the facts constituting the final and conclusive judgment are as follows: “The Defendant used a private truck in the vicinity of the Dong-dong-dong-gu, Busan Metropolitan City around January 6, 2016, around January 12, 2016, and March 15, 2016.”
In light of the identity of the method of crime, the distance between the place of crime, and the identity of the benefit and protection of law, etc., all of the facts charged of this case and the facts charged of this case are deemed to have a relation between the crime of this final judgment and the crime of this case as a single comprehensive crime.
I would like to say.
3. As such, since res judicata of the above final and conclusive judgment is not limited to the facts charged in this case, the facts charged in this case constitute a final and conclusive judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.