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(영문) 광주지방법원 2015.08.25 2014노2477
공전자기록등불실기재등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where a disposition of accepting a report on the scrapping of a competent authority based on a defendant's substitute or scrapping of electronic records, etc., is null and void or cancelled, the court below erred by misapprehending the legal principles and misapprehending the legal principles, even though the entry of a motor vehicle management system in accordance with the above acceptance of report could be false or revoked.

B. The Defendant, in violation of the Trucking Transport Business Act, dismissed a truck permitted to supply as a truck with restriction on supply, which practically increased the number of vehicles, but the lower court acquitted the Defendant on the ground that there is no increase in the total number of vehicles and there is no change in the composition cost of the truck, thereby making it difficult to regard it as an increased lane.

2. The Defendant is a person who is operating (oil)E, which is a cargo transport company, and is operating (oil)G in the name of the wife F.

Since the Trucking Transport Business Act was amended from January 20, 204, freight cars under the Trucking Transport Business Act, that is, freight cars under the Trucking Transport Business Act include freight cars and special automobiles under the Automobile Management Act. Trucks under the Automobile Management Act are classified into general type, dump type, Ban type, and special purpose type, and special vehicles are classified into towing type, salvage type, and special work type.

The general type, dump type and Ban type are prohibited from increasing the number of vehicles, among special-purpose truck under the Automobile Management Act, some of them are prohibited from increasing the number of vehicles, and the towing type among special-purpose truck under the Automobile Management Act is prohibited from increasing the number of vehicles, and special-purpose vehicles are allowed to increase the number of vehicles, and salvage type is allowed before December 31, 2007, but the increase of the number of vehicles was prohibited thereafter.

The increase in cargo vehicles in the trucking transport business is prohibited.

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