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(영문) 수원지방법원 성남지원 2016.11.23 2016고단2358
화물자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an article center in the name of "C" in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and is the owner of a D vehicle, a private truck.

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

Nevertheless, the Defendant, at around 11:06 on July 13, 2016, had an employee’s name influence, who was employed by the Defendant, transported 2.50,000 won from the client as transportation charges, after having the employee’s name influence, using the above private cargo vehicle for the transport of 300 sub-lease 10,00 pinent apartment, located in the same Gu sub-Dong-dong as in front of 1010.

Accordingly, the defendant provided a private-use truck for transportation purposes at a cost.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 67 subparagraph 7 of the Trucking Transport Business Act, Article 56 of the same Act concerning facts constituting an offense, and the choice of imprisonment;

1. It shall be decided as per the disposition of the suspension of execution on the grounds of not less than Article 62 (1) of the Criminal Act (the suspension of execution of a sentence shall be imposed in consideration of the fact that the imprisonment is selected, confession and reflected, etc. in consideration of

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