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(영문) 인천지방법원 부천지원 2017.09.27 2017고정772
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the user of the 2nd vehicle in the modern world.

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

Nevertheless, without permission from the competent authorities, the Defendant, at around 08:30 on April 25, 2017, transported approximately 50 meters of unclaimed boxes to transport transportation fee and KRW 600,000,00 in total, on the road (1t packers, shocks) in front of the 311-dong-dong-dong-dong-ro 573, 00,000,000,000,000.

Accordingly, the defendant provided a private-use truck for a commercial transport purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of the accused;

1. Application of statutes on site photographs;

1. Article 67 of the relevant Act and Articles 67 subparagraph 7 and 56 of the alternative trucking Transport Business Act concerning facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

Although the defendant has the profits, driving distance, and the records of the same kind of crime in 2013, the contents of the crime in this case differs from those of the defendant, the punishment shall be determined by taking into account the following factors: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc.

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