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(영문) 서울동부지방법원 2020.02.07 2019고정859
화물자동차운수사업법위반
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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 the owner of private-use trucks B and B.

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

Nevertheless, at around 12:15 on June 27, 2019, the Defendant used the above vehicle to receive KRW 150,000 from a road on which the name of C cannot be known at the south-west city of Gyeonggi-do to the road near the D apartment E-dong of Gyeonggi-do, and provided a private truck for cargo transport at a cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Report on internal investigation (to hear reporter's telephone conversations and witness's telephone statement);

1. National question and general civil petition;

1. Application of Acts and subordinate statutes concerning field photographs;

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

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant and his defense counsel worked as a body part of the transportation chain G, and there is a truck that the defendant brought about to work at the site of this case, and they only disposed of wastes at the customer's request or transported them for the purpose of recycling personal wastes, and therefore, the defendant cannot be deemed to have provided a private truck under the defendant's ownership for transportation of cargo at a cost.

2. Determination

A. An act of providing or leasing a private-use truck for money as stipulated under subparagraph 7 of Article 67 of the Trucking Transport Business Act is “an act of providing or leasing a private-use truck for transportation of cargo at a cost” and “an act of leasing it.”

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