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(영문) 서울중앙지방법원 2017.11.23 2017고정3394
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the owner of a private cargo vehicle B.

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

Nevertheless, the Defendant, from February 1, 2017 to March 21, 2017, agreed to transport goods to and from the above CJ as the Defendant owned in the vicinity of the Dongjak-gu Seoul Party, on the condition that the Defendant would receive KRW 700 per unit commission from the point of action to the CJ located in the Gangseo-gu, Seoul, and the Defendant received KRW 15,350,970 in total as freight charges. From the above date to August 21, 2017, the Defendant transported goods to and from the point of action to the CJ located in the Gangseo-gu, Gangseo-gu, Seoul, the Defendant, at the point of action to the CJ located in the Dong of Gangseo-gu, Gangseo-gu, Seoul, to transport goods to and from the SJ, the Defendant, the Defendant owned in the above CJ as the Defendant’s private freight lane, and received KRW 15,350,97

Accordingly, the defendant, as the owner of a private-use truck, provided a private-use truck for cargo transport at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and an explanatory note;

1. On-site photographs and registration certificates;

1. Application of each police investigation reporting statute;

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;

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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