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(영문) 인천지방법원 2018.09.14 2018고정1975
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an employee who drives a vehicle that is taken from a permanently C or D branch of the business department of the Namdong-gu Incheon Metropolitan City, and is a user of a private cargo vehicle E1 ton in the kyp loan.

No owner or user of a private-use truck shall provide or lease the truck commercially for transport of cargo without obtaining permission from the competent Mayor/Do Governor.

Nevertheless, around April 30, 2018, the Defendant received transportation cost of KRW 400,00 from H to 112 Dong-dong 601, Seo-gu, Incheon, Seo-gu, Incheon from the F apartment around 13:30 on April 30, 201, and transported the article using the above cargo vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. A report on the occurrence of an event (violation of the trucking transport business);

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment to the ledger of vehicle registration);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was employed by the I who run a business using a private-use truck and received KRW 100,000 per day on the day of the instant case.

As such, considering the fact that the Defendant is in a position to decide whether to use the instant truck for commercial transport or appears not to be the subject of profit accrued from commercial transport, a sentence like the order shall be imposed.

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