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(영문) 대전지방법원 천안지원 2015.12.04 2015고정562
화물자동차운수사업법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates an animal transport business with the trade name of “D” in Seoan-gu, Seoan-gu, Seoan-gu, Incheon, the Defendant is the user of ERano five tons of cargo vehicles.

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

Nevertheless, around 08:34 April 7, 2015, the Defendant entered into a transport contract with F and paid article on the street in front of 1914 Jeju-dong 1914 Jeju-dong 1914 Jeju-dong apartment complex 402, and provided five tons of freight cars, a private truck, for transportation purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Report on the occurrence of the case, and report on investigation;

1. Photographs of the control site;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 7 of Article 67 and Article 56 of the Trucking Transport Business Act that choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act claimed that the defendant only used the E-private truck for the purpose of transporting the packaging materials, and the above private-use truck lost only the article F the article to be discarded, and the transportation of the article actually took place using H business truck.

However, the following circumstances revealed in the evidence mentioned above, namely, ① police officers called upon the report that the transport of the cargo to a private-use truck at the time takes place, are on the side of the apartment site in the instant case, and the bridge and E truck are in the presence of a person, open the cargo partitions of the said truck, and have witness to take up the cargo loaded on the bridge, using the sloping vehicle, and ② police officers making inquiries about the number plates of the said truck.

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