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(영문) 대구고등법원 2018.07.20 2017누6861
위반차량 운행정지 취소
Text

1. The part of the judgment of the court of first instance against the defendant as to the vehicle No. 5 of the annexed vehicle list No. 1 shall be revoked.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running trucking transport business as prescribed by the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”).

In around 2010, the Plaintiff acquired the trucking transport business concerning the instant vehicles from our goods distribution company, limited liability companies, limited special transport companies, limited liability companies, subordinate special transport companies, limited liability companies, and single goods distribution company, and filed a report on the transfer of trucking transport business concerning the instant vehicles to the Defendant. At that time, the Defendant accepted the said report.

B. The instant vehicles are vehicles registered from the special-purpose truck to the general-type truck by obtaining a notification of repair of the relevant trucking transport business association from August 2009 to July 2010.

(Voluntary vehicle number, date of registration, type of owner and vehicle, date of violation, etc. shall be as stated in the records of the history of registration of change in attached Form 2: Provided, That the "special purpose (e.g., oil)" listed in the type column of attached Form 2 shall be excluded.

On the other hand, among the special-purpose truck vehicles, the truck for transporting petroleum was a truck which is newly permitted to be supplied, and from January 1, 2009, the "Public Notice of Supply Criteria for Supply of Trucking Transport Business No. 2008-782, the Ministry of Land, Transport and Maritime Affairs No. 2009" was "Public Notice of Supply Standards for 2009".

"Special-use truck, the new supply of which is restricted, has been classified as a special-use truck, and cleaning trucks and surface cleaning trucks are special-use trucks which are allowed to be newly supplied.

On November 29, 2012, the Ministry of Oceans and Fisheries, including the Defendant, unlawfully registers a limited liability company's special transportation, limited liability company's special transportation, increased or acquired vehicle under the name of a limited liability company, limited liability company's special transportation, limited liability company's clean distribution, and the 240 cost of the vehicle that was transferred, with the notification of the scrapping of the car, to a limited-use truck.

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