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(영문) 인천지방법원 부천지원 2021.01.05 2020고정350
화물자동차운수사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a private-use truck under the name of the defendant's wife and son.

No owner or user of a private-use truck shall provide such private-use truck commercially for transport of cargo.

Nevertheless, from around December 11, 2019 to February 2, 2020, the Defendant received KRW 500 to 600 per unit delivery from D D companies located in Incheon, and delivered the relevant goods to the housing, apartment, etc. located in the Dong-dong of Incheon, using the said truck, and supplied the relevant goods for private use for cargo transport at a cost, by carrying the relevant goods from F from February 3, 2020 to February 23, 2020.

Summary of Evidence

1. The filing of an accusation in the deputy market for the interrogation of suspect in the police interrogation protocol for the defendant's legal statement - the filing of a request to provide communication data (A) in the register of vehicle evidence-to-face photographs - the confirmation of the current status of an application for permission for the trucking transport business for home-to-house dispatch - the filing of an investigation report on the exclusive transport contract for home-to-house truck (the inquiry

1. Relevant Article of the Act and Articles 67 subparagraph 7 and 56 of the Alternative Trucking Transport Business Act concerning facts constituting an offense, as well as the selection of fines;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (a) of the Criminal Code states that “The Defendant has led to the confession and reflect of all the crimes in this case, and the Defendant takes considerable time before obtaining permission for trucking transport business after the purchase of a vehicle, and without any choice to do so for the purpose of maintaining the livelihood of his/her family under difficult economic circumstances, he/she has been engaged in intermittent and temporary transport for the said period.” However, there is no material to deem that the above assertion is false.

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