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(영문) 대전지방법원 천안지원 2013.05.30 2013고정280

여객자동차운수사업법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, as a driver of B-V car (one call: one driver), who intends to operate passenger transport business, despite having obtained a license from the Mayor/Do Governor,

1. Around 12:01 on May 22, 2012, from the street in front of the East apartment apartment located in the new Doncheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu to the street in front of the Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-do, to the street in front of the Yan

2. The same year;

7. 3. At around 15:19, the passenger was operated without a license, with the trucking 3,00 won from the front of the said well-known apartment to the front of the said new town or the front of the said new town.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Determination as to the Defendant’s assertion by each accusation, investigation report (Attachment of motion picture CDs submitted by the complainant), and vehicle comprehensive details inquiry

1. The gist of the assertion is that the Defendant: (a) around 14:55 on April 19, 2012; (b) around 14:57 on December 21, 2012; (c) around 24:57 on April 24, 201; and (d) the same year by this Court Decision 2012 high-level11.

1. At around 13:40, passengers who do not possess cargo using B trucks and received the price and engage in an act in the form of passenger transport service;

It was sentenced to a fine due to a violation of the Passenger Transport Service Act, and the judgment was finalized around that time. Since each act of commercial transport in this case and each act of commercial transport in this case was repeated by a single and continuous intention as one of the act of business, the damage benefit is the same as

As such, it is argued to the effect that res judicata of the said finalized case extends to the facts charged in this case, since it constitutes a single comprehensive crime.

2. The judgment-based business crime is a single comprehensive crime, which is a single crime under substantive law, since the offender's repeated crime is likely to be committed under the continuous criminal intent.