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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 1, 2011, the Defendant issued a summary order of KRW 700,00 to a fine of KRW 500,000 due to a violation of the Trucking Transport Business Act, a summary order of KRW 500,000 as a fine in the same court on March 27, 2017, and a summary order of KRW 70,000 as a fine in the same court on March 13, 2018, respectively.
No owner or user of a private-use truck shall provide or lease such private-use truck commercially for transport purposes.
Nevertheless, around March 13, 2019, the Defendant transported lives using one ton of the private-use truck and one ton of the F private-use truck with transportation charges of KRW 1,000,000,000, from the street in front of the city B to the street in front of the city B, the government, and the transportation charges of KRW 1,00,000.
As a result, the defendant provided private-use trucks to the defendant for the purpose of transportation for cargo.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of G and H;
1. On-site photographs;
1. Application of statutes on a copy of contract;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act that choose a penalty, and the choice of imprisonment;
1. The defendant, prior to the end of sentencing of Article 62(1) of the Criminal Act, has already committed the same crime and repeated the same crime even though he had been punished several times.
However, it shall be considered in favor of the fact that the defendant is recognized to commit a crime, that the defendant disposes of the relevant vehicle to another person, that the defendant is in an economically difficult situation, and that there is a family member to provide support, such as a child, etc.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.