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(영문) 수원지방법원 성남지원 2017.07.07 2017고단868
화물자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

The Defendant is the owner of B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C

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

Nevertheless, on April 8, 2017, the Defendant received KRW 600,000 in cash from E in the name of freight charges from Sungnam-si, A to the same Gu from Sungnam-si, Sungnam-si, and transported the boom by using the said truck.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the comprehensive vehicle:

1. Estimated tender and a copy of contract;

1. Application of Acts and subordinate statutes on control 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 has a number of criminal records identical to that of the defendant is disadvantageous.

However, in consideration of the fact that there is no record of punishment exceeding the fine against the defendant, confession and reflect on the crime of this case, and other factors under Article 51 of the Criminal Act, the punishment shall be determined as per the order.

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