Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a person who operates C in Gwangju-si and is the owner of D MT 2.5 tons and E salary class and one ton of private trucks.

No owner or user of a private-use truck shall provide or lease such private-use truck commercially for transport purposes without permission from the Mayor/Do Governor.

Nevertheless, at around 13:00 on April 5, 2013, the Defendant, without the permission of the Mayor/Do Governor, provided two of the above private-use truck for the purpose of transportation, such as transporting Ga loan No. 401 in front of the Geumcheon-gu Seoul, Geumcheon-gu, for the transportation cost, 600,000 won.

Summary of Evidence

1. Each statement of H and I prepared;

1. Business registration certificate and registration certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 5 and 56 of the Trucking Transport Business Act that choose a penalty, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant alleged in the facts charged acknowledged that he transported the article using a private-use truck as stated in the facts charged, but the package transfer business is not a pure transport business for the pure purpose of transport, which is a distribution service using professional human resources, and thus, the defendant's act is not subject to the application of the Trucking Transport Business Act. Even if the defendant's act of packing directors applies to the trucking transport business, since the defendant merely received personnel and material expenses from his customers while running packing directors and did not receive transportation expenses, it cannot be deemed as having provided a private-use truck for the purpose of transporting the article for a commercial purpose.

2. Determination

(a) whether or not applying the Trucking Transport Business Act to the defendant's activities;