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(영문) 의정부지방법원 2014.07.22 2014고단810
화물자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 6, 2013, the Defendant was sentenced to a summary order of KRW 500,000 to a fine for a violation of the Trucking Transport Business Act by the Seoul Eastern District Court on December 6, 2013 and nine times of punishment for the same kind.

The defendant is a person who actually uses D5 tons of car trucks, which are registered in the name of son C while operating the removal center without a trade name in the above defendant's residence.

The user of a private-use truck shall not provide or lease the private-use truck for the purpose of transporting it for a fee.

Nevertheless, at around 12:58 on February 4, 2014, the Defendant provided a self-owned truck for cargo transport at a cost, such as transporting 170 mountain village complex 40,000,000,000,000,000,000,000,000,000,000,000,000.

No user of a private-use truck of "2014 Highest 1485" shall provide or lease a truck commercially for transport of cargo.

Nevertheless, at around 07:00 on March 6, 2014, the Defendant transported the article using a private truck of 206 Dong 601 and 1.2 million won from G in terms of director expenses, and provided the private-use truck for cargo transport with compensation for cargo at around 08:30 on the same day, Namyang-si, Namyang-si, E apartment 206 Dong 601, and F2.5 tons.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes to each field photograph, each freight trucking service permit, and written estimate;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 5 and 56 of the Trucking Transport Business Act that choose a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has the same criminal records, and the defendant still repeats the same crime.

The defendant is punished with heavy punishment.

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