여객자동차운수사업법위반
Acquittal of the accused shall be acquitted.
1. The summary of the facts charged is that the Defendant is a person engaged in the operation of BKazack 6 B Kaz.
No person shall transport passengers commercially without obtaining a license for passenger transport business or making a registration therefor.
On April 20, 2017, around 22:38, the Defendant: (a) taken passengers with no cargo on Bknif vehicles in Nam-gu, Southern-gu, Seoul, and received freight of KRW 4,000 from South-dong, Southern-gu, and transported at a cost.
2. Comprehensively taking account of the inquiries about the judgment and investigation records and the summary order in the Daejeon District Court Decision 2017 High Court Decision 6110, the Defendant received a summary order on January 25, 2018 and issued on March 3, 2018 as a crime of violating the Passenger Transport Service Act, and the summary order became final and conclusive on March 3, 2018, and the summary of the relevant facts constituting a crime is that the Defendant was engaged in a passenger transport business by transporting passengers and receiving transport fees using B trucks on June 16, 2017 without obtaining a license for passenger transport business.
Article 90 subparag. 1 of the Passenger Transport Business Act, which applies to the facts charged in the instant case and the facts charged in the said summary order, provides that a person who runs a passenger transport business without obtaining a license or making a registration under Article 4(1) of the said Act, shall be punished. Article 4(1) of the said Act provides that a person who intends to run a passenger transport business shall obtain a license from the Minister of Construction and Transportation of the national land by preparing a business plan, as prescribed by Ordinance of the Ministry of Construction and Transportation.
Provided, That a person who intends to operate passenger transport business prescribed by Presidential Decree shall obtain a license for a branch office of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province or register with the relevant Mayor/Do Governor, by preparing
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Therefore, in light of the language and text, legislative intent, etc. of the above Article 90.