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(영문) 인천지방법원 2016.07.07 2016고단2801
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is the owner of Bmpock truck.

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

Nevertheless, at around April 8, 2016, the Defendant transported a customer's transfer of article on the 6-dong-dong-gu Incheon Metropolitan City, Nam-gu, Incheon, to receive KRW 125,00,00 as transportation fee, using the above private-use truck and transporting it to the customers' transfer of article, whose name cannot be known.

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 detection of a suspected violation of the trucking transport business Act;

1. Application of statutes on site photographs;

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;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant recognized the crime, and the fact that the defendant appears to be a living crime, etc., under favorable circumstances, the fact that the defendant re-offendered even though he had been already punished five times due to the same kind of crime, shall be considered disadvantageously, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as shown in the records and arguments of this case, shall be considered, and the punishment shall

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