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(영문) 서울남부지방법원 2018.06.01 2018고정435
화물자동차운수사업법위반
Text

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

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

Reasons

Criminal facts

The defendant is the owner of a private-use truck B.

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

Nevertheless, the Defendant from July 20, 2017 to the same year.

9. Until September 29, 200, C leased the said vehicle to provide the transport of cargo for compensation and received 300,000 won in return.

Accordingly, the Defendant leased the private-use truck for transport of cargo at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on traffic violations;

1. On-site photographs;

1. Application of the comprehensive details of vehicles Acts and subordinate statutes;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order, including the fact that the defendant has a record of being punished for the same kind of crime, etc., shall be determined as ordered by taking into account the various factors expressed in the records of this case and the trial process.

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