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(영문) 인천지방법원 2016.11.18 2015고정2622

여객자동차운수사업법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If B does not pay each of the above penalties, 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation with a license for passenger transport business in the Dong-gu Incheon Metropolitan City E building 304, and Defendant B was a manager of the above company.

1. No defendant B trucking business operator may have another trucking business operator or a person who is not a trucking business operator operate passenger transport business with or without compensation by using all or some of the vehicles for business;

Nevertheless, around October 2008, Defendant B had F, a land owner operator, own G and H buses in substantially orderly order, and registered the name of the bus as A, and had F, a transport business operator, not a transport business operator, operate the bus section, etc. from that time to June 2015, and had F, a land owner operator, own J and K buses in substantially orderly order from May 2009, and had F, a land owner operator, operate passenger transport business by operating the said bus section, etc. from that time to May 2015.

2. The Defendant Co., Ltd. had F and I operate passenger transport business using a commercial motor vehicle registered in the name of the Defendant, respectively, as described in paragraph 1, at the same time and at the same place as that of paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness I, L, M, and N;

1. Partial statement of the witness F in the court;

1. An interrogation protocol of F by prosecution;

1. A certificate (a contract for transfer or takeover of a vehicle);

1. Application of Acts and subordinate statutes on vehicle rental contracts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 93, 90, and 12 (1) of the Passenger Transport Service Act;

B. Defendant B: Article 90 of the Passenger Transport Service Act.