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(영문) 춘천지방법원원주지원 2020.12.16 2020고정214

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the "B" Lone Star Co., Ltd. for the purpose of patient transfer and funeral business, and is the operator of the Lone Star Co., Ltd.

Any person who intends to operate passenger transport business prescribed by Presidential Decree shall register with the Mayor/Do Governor.

Nevertheless, on May 1, 2020, the Defendant, without registering a special passenger transport business, received KRW 120,000 in cash from the clients and transported a corpse of KRW 1,00,000 from the E Hospital located in D in the original city in the original city, from approximately 40km to the Franchising hall located in the Chungcheongbuk.

Summary of Evidence

1. The Defendant’s legal statement, the Anti-Corruption and Civil Rights Commission’s report on investigation (G) and on-site photographs of each of the Defendant’s acts (the Defendant’s act is permissible under Article 45 of the Emergency Medical Service Act). According to Articles 4(1) and 2 subparag. 3 of the Passenger Transport Service Act, a person who intends to operate a business of transporting passengers with compensation using a motor vehicle at the demand of another person shall obtain a license from the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor, or make a registration with the Mayor/Do Governor. Article 90 subparag. 1 of the same Act provides that a person who operates a passenger transport business without such license or registration shall be punished by the person who operates the passenger transport business. The purpose of the Passenger Transport Service Act is to establish order in passenger transport service and promote public welfare by promoting the smooth transport of passengers and the comprehensive development of passenger transport service (Article 1 of the Passenger Transport Service Act, the rights and obligations of citizens regarding emergency medical services, the State and local governments, and the responsibility and rights of emergency medical service providers.