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(영문) 수원지방법원 2016.10.27 2015고정2436
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, as the owner of a C-private truck, was not allowed to provide for the transport of cargo for oil. On June 6, 2015, the Defendant was requested to transfer the cargo from D- which is a director customer, and the Defendant used a total of two cargo vehicles, such as one truck for business use, and one truck for non-business use, to transport from the Shi-gu, Shi-si, Ku-si, Ftel No. 1024, and to receive freight charges from the Ku-si, Ku-si, Ku-si, Ftel No. 1024, and to transport the cargo to the above truck for non-business use, and received freight charges of KRW 40,00,000.

Accordingly, the defendant provided a private-use truck for a commercial transport purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to D and G;

1. All on-site photographs;

1. The defendant and his defense counsel asserts that "the defendant's act does not constitute "an act of providing transportation for cargo" as stipulated in subparagraph 7 of Article 67 of the Trucking Transport Business Act, since the defendant's act is controlled by police officers and immediately transferred the article to a truck for private use as stated in the facts charged, and the delivery of the article has not been completed."

However, at the time when the defendant agreed to pay for the transport of animals and carried an article on a private-use truck as stated in the facts charged, the above private-use truck has already been provided for the transport of cargo for consideration. Thus, the defendant's act constitutes "an act of providing a private-use truck for consideration" as stipulated in subparagraph 7 of Article 67 of the Trucking Transport Business Act.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

1. Relevant Article of the Criminal Act and subparagraph 7 of Article 67 of the Trucking Transport Business Act as to selective punishment;

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