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(영문) 대전지방법원 2017.04.27 2017고정367
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in trucking transport arrangement business and trucking transport business under the trade name of Daejeon Seo-gu B and 202 ‘C'.

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, on December 17, 2016, from around 12:10 to 12:20, the Defendant received the cost of transport of KRW 700,000 from the person who was absent from the name of the 107-dong apartment from the name of the 107-dong apartment from the 107-dong apartment of the same apartment of the same 108-dong, and transported the removal using the e-leged vehicle registered as the private cargo.

Accordingly, the defendant provided private-use trucks for cargo transport at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act concerning facts constituting an offense;

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

1. The defendant's argument regarding the defendant's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order Act does not include expenses for the use of a bridge vehicle in the cost of transportation of 700,000 won, which was received from a person in an infinite name, but merely provides a leg for transportation of cargo at a service level, and does not provide it with compensation.

According to the evidence, the defendant received KRW 700,000 in return for the carriage of cargo from a person in the name of the defendant and received KRW 700,000 in return for the carriage of cargo from a person in the name of the defendant, and transferred the article using a truck (F) for business and an E-

According to the above facts, the above company's bridge is used to transport the article in addition to the truck for business, and as long as the defendant received the transportation cost of the article, it is deemed that the above company's bridge is provided for the transportation of the article free of charge.

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