beta
(영문) 대전지방법원 천안지원 2018.07.10 2018고정309

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who drives a truck B (boom).

Any person who intends to operate passenger transport business shall obtain a license from the competent authority.

Nevertheless, the Defendant obtained a license from the competent authority on June 8, 2017, and received 7,000 won as transportation charges by carrying passengers who did not possess cargo using a truck from Maak-si to the agricultural and fishery products market from Maak-si around 17:56 to 7,00 won.

Accordingly, the defendant used a truck without a license in the form of passenger transport business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on commercial transport activities, photographs, and the motor vehicle registration ledger;

1. Article applicable to the facts constituting an offense, and Articles 90 subparagraph 1 and 4 (1) of the Passenger Transport Service Act that choose a penalty (excluding punishment);

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, acknowledges his mistake.

It seems that economic situation and health are not good.

However, even though the defendant was punished four times for the same crime, there is a high possibility of criticism in that the crime of this case has been committed.

In addition to this, the defendant's age, sex, environment, circumstances of crime, and circumstances revealed in the trial process shall be determined as follows.