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(영문) 대구지방법원 2016.02.17 2015고정1188
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 actual owner of a C-private truck, and the owner or user of a private-use truck shall not provide his/her private-use truck for transport of cargo at a cost.

On November 26, 2014, the Defendant received KRW 1 million before Daegu Northern-gu D on November 26, 2014, and transported the personal cargo of E using the said private-use truck, and provided the private-use cargo for transportation of freight for cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Reporting on detection of violations of the trucking transport business Act;

1. On-site photographs and photographs (the defendant and his defense counsel asserts that there is no fact that the defendant has used the cargo vehicle for his/her own use for transporting the article;

However, in full view of the evidence presented by the court below, it is recognized that the defendant transported the above cargo lane, and the above cargo is used only for the transportation of the board materials or empty boxes as alleged by the defendant.

Even if it is also a series of acts for the transport of animals, it shall be deemed that it is included in the act of providing a private-use truck for the transport of cargo at a cost).

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

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