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(영문) 대구지방법원 2017.09.13 2017구합21717
위반차량 운행정지 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. B’s illegal increase 1) B is a stock company C (hereinafter “C”).

Around March 2009, while engaging in trucking transport business, the trucking transport business had no limit on the number of permits. Around March 2009, he/she prepared a false sales contract and applied for the increase of the number of trucks as if he/she purchases two tanks, a special-purpose trucking trucking trucking business, due to business necessity. A public official E, who is a public official in charge of the registration of a trucking agency, obtained a permit for the increase of the number of trucks without additional documents, and then registered the 176 number of cars in total, and then changed the number of trucks to a general truck with limited number of trucks. B transferred the permit for a general trucking transport business and the registration number of vehicles related thereto, etc. related thereto, which were illegally increased, to the above facts constituting the crime, B was dismissed by being sentenced to the High Court on October 27, 2014 and thus dismissed on July 24, 2014 (hereinafter referred to as the "Seoul High Court on Punishment of Trucking Transport Business Act").

B. 1) The Plaintiff is a corporation operating trucking transport business. 2) The Plaintiff is a final transferee of a vehicle A (hereinafter “instant vehicle”) illegally increased by B as seen above.

3) The completion of the report on the transfer and acquisition of the instant vehicle and the completion of the repair thereof are as shown in the attached Table 1. C. The Defendant’s disposition issued by the Defendant on February 14, 2017, on the ground that the instant vehicle was illegally increased by the Plaintiff on the ground that it was a vehicle with an illegal increase in the instant vehicle (amended by Act No. 14725, Mar. 21, 2017; hereinafter “former Freight Act”).

In accordance with Article 19(1)2, the suspension of operation was made for 60 days.

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