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(영문) 인천지방법원 부천지원 2018.09.20 2018고정581
화물자동차운수사업법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the user of Cpoter trucks, who operates the "B" Epoter Center.

On May 25, 2018, the user of a private-use truck is prohibited from providing a private-use truck for transport of cargo at a cost. However, on May 25, 2018, the Defendant provided the private-use truck for transport of cargo at a transportation rate of KRW 1 million, while transporting the truck in front of the 619 Dong-dong apartment of Heung-dong in the Heungdong-dong, Jungcheon-si, Seoul Special Metropolitan City around 11:00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Business registration certificate and registration certificate;

1. Application of Acts and subordinate statutes to photographs of crime scene;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had two cargo trucks for business use. The argument that the Defendant had to use the instant private truck because there are many cargo to be transported is difficult to take into account the favorable circumstances, there are many records of punishment for the same type of crime, and other various sentencing conditions shown in the records and changes, the amount of fine under the summary order does not seem to be excessive, and therefore, the sentence shall be determined like the order.

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