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(영문) 전주지방법원 2018.08.23 2018고정305
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of a private-use truck.

The owner or user of a private-use truck shall not provide or lease his/her private-use truck commercially for transport of cargo.

Nevertheless, at around 09:00 on March 5, 2018, the Defendant: (a) carried five ton of the article on the above vehicle from Songcheon-gu, Seocheon-gu, Songcheon-gu to 405, Songcheon-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) received delivery of KRW 800,000 in return, and provided private-use truck for cargo transport at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on detection and investigation;

1. Application of Acts and subordinate statutes to each control site photograph;

1. Article 67 of the relevant Act and Articles 67 subparagraph 7 and 56 of the alternative trucking Transport Business Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished for the same kind of crime in around 2017, and the recidivism is committed against the defendant. However, it is favorable to the defendant. However, the defendant recognized the facts charged in the instant case and expressed his intention of reflection against the mistake. The defendant obtained a transport permit under the Trucking Transport Business Act after the instant case, and the defendant received a summary order of KRW 3 million due to a crime committed at a similar time (former District Court Branch Branch 2018, 171, 200, 171), and the fact that the defendant should consider the equality if he was punished at the same time.

In addition, the sentencing conditions specified in the records of this case, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered in full consideration.

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