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(영문) 대전지방법원 천안지원 2016.05.12 2015고단1247 (1)
화물자동차운수사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No owner or user of a private-use truck shall provide or lease his/her private-use truck for transport of cargo at a cost (including expenses necessary for the operation of the truck).

B as an operator of the “D” in the Northern-gu, Seoan-gu, Seocheon-si C, the actual owner of the E 4.5 tons truck (hereinafter this case truck), and the Defendant is an employee of the above “D” and the user of this truck.

1. On October 18, 2014, the Defendant transported F apartment 102 Dong-dong F apartment 1517, Nam-gu, Nam-gu, Namcheon-gu, Seoul around 16:00, and 400,000 won from G, using the instant truck to the same Gu H apartment, and provided a private truck for cargo transport at a cost.

2. On March 19, 2015, around 15:10 on March 19, 2015, the Defendant: (a) received KRW 700,00 from a person residing in the area of 102 Dong-dong I building 102 Dong-dong 1012; (b) used the instant truck to transport his or her Article with the same truck, and provided a private-use truck for transport for money.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry of each statement in the police interrogation protocol against B or K;

1. Each description of investigation reports (G telephone conversations) and each report on internal investigation;

1. A business registration certificate or a permit for trucking and arranging trucking transport business;

1. Application of each video statute to field photographs and non-violation site photographs;

1. Relevant provisions of the Act and the main sentence of Article 69 (2), Article 67 subparagraph 7, and the main sentence of Article 56 concerning the facts constituting an offense, as well as the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act include six times (one time a suspended sentence of imprisonment with prison labor and five times a fine) for the crime of this type. Meanwhile, the defendant committed the crime as a “D”’s employee, and the defendant was punished for the same kind of crime.

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