여객자동차운수사업법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal - The defendants' act of providing commercial transport using private cars of this case does not necessarily constitute a crime expected to be repeated for the same kind of act, and thus, the court below rendered a judgment of acquittal on the grounds that the court below judged the defendants' act of providing commercial transport of this case as a business principal and the summary order which became final and conclusive as a comprehensive crime, which affected the conclusion of the judgment by misapprehending the legal principles as to business principal,
2. Where a summary order has become final and conclusive as to part of a crime in the relation of a single comprehensive crime, multiple acts falling under the name of the same crime or continuous acts for a certain period under the single and continuous criminal intent, and where the legal benefits from such damage are the same as that of a single and continuous criminal intent, each of such acts shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decisions 97Do1126, May 29, 198; 2005Do4051, Sept. 30, 2005). In a case where a summary order is issued as to part of the crime in the relation of a single comprehensive crime, a judgment of acquittal shall be rendered as at the time of issuance of the summary order, and the subsequent crimes shall be punished as
(2) On January 2, 2013, Defendant A issued a summary order of KRW 4,00,00 on the charge of violating the Passenger Transport Service Act as stated in attached Form 1, and the said summary order was finalized on February 6, 2013. The facts constituting the crime in the above summary order were confirmed on January 6, 2013 by Defendant A on January 12, 2012, the same month 25, and the same month 28, and the evidence duly admitted and investigated by the court below. Defendant A used Defendant A for transport of the above H vehicle from the difficulty in transporting the Dok-ri-ri-si in Gwangju Metropolitan City from the difficulty in transporting the Do-ri-si to the Do-ri-si, Gwangju Metropolitan City around January 28, 2013. The facts charged in the instant case against Defendant A at issue against Defendant A was finalized on January 13, 2013.