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(영문) 대전지방법원 천안지원 2018.06.21 2018고단732

여객자동차운수사업법위반

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

Punishment of the crime

Any person who intends to operate a passenger transport business shall obtain a license from the Minister of Construction and Transportation of the national land by preparing a business plan, as prescribed by Ordinance of Ministry of Construction and Transportation.

Nevertheless, around 00:00 on April 1, 2017, the Defendant: (a) carried passengers, whose name is unknown, without obtaining a license from the Nam-gu Incheon-gu Shincheon-gu, Nam-gu, Namcheon-gu; (b) carried them onto the Defendant’s BKan-gu small cargo vehicle (one-name “one-name”) and received 3,000 won at the fare; and (c) operated passenger transport business by carrying passengers on the said call bareboat over four occasions during the period from around that time to June 24, 2017, as indicated in the list of crimes in the attached Table, and by receiving the fare.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Each report on commercial transport activities;

1. Application of the Acts and subordinate statutes on the major pages of each violation, closure photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 90 subparagraph 1 and 4 (1) of the Passenger Transport Service Act (generally, selection of fines) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;