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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (legal scenarios) is that the Defendant, while transporting pet dogs and feed corresponding to the freight for consideration, will also serve the owner of the cargo as well.
However, since the above pet dog falls under the "animals suspected of misunderstanding" under the latter part of Article 2 subparagraph 3 of the Trucking Transport Business Act and Article 3-2 (1) subparagraph 3 (b) of the Enforcement Rule of the Trucking Transport Business Act, the defendant's act is merely merely a transport of passengers carrying freight under the above provision, and it does not conflict with the Passenger Transport Service Act, the court below convicted the charged facts in this case, and the judgment of the court below is erroneous in the misunderstanding
2. Determination
(a) In the event a trucking transport business entity engages in the business of transporting cargo on an Ban-type truck, the trucking transport business entity refers to the business of transporting cargo at a cost by using a truck in compliance with the demand of another person in order to carry the cargo as an owner of the cargo, and Article 2 subparagraph 3 of the Trucking Transport Business Act refers to the business of transporting cargo at a cost by using the truck in compliance with the demand of such other person. In this case, the cargo in a case where the owner is accompanied by a trucking transport business entity is inappropriate for carrying the cargo on an automobile for passenger transport business, the cargo shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and Article 3-2 (1) of the Enforcement Rule
3. The relevant cargo shall be any of the following goods:
(b)Paragraphs 2 and animals or plants that give a sense of aversion and vehicles subject to the latter part of Article 2 subparag. 3 of the Act shall be Ban-type trucks.”
B. The prior meaning of a brupt and a bruptive meaning is a “influence and fluence of refusal.”