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(영문) 전주지방법원 군산지원 2016.07.08 2015고정237

여객자동차운수사업법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a passenger transport service provider operating the C.

No transport business operator shall allow any person who is not a transport business operator or a person who is not a transport business operator to run passenger transport service with or without compensation by using the whole or part of his commercial automobiles.

The Defendant paid the D 43 large-scale passenger vehicles from E during the period from February 16, 2014 to December 31, 2014, and then, the trucking business operator had E operate a passenger transport service using the said vehicle.

The Defendant paid the F vehicle price from G to July 25, 2012 during the period from July 10, 2007 to July 25, 2012, the Defendant, “2015 High 515,” and had the borrower G, who is not an infant, operate the passenger transport service using the said vehicle.

The Defendant paid the price for a large-scale passenger vehicle with H 45 persons between September 12, 2013 and December 31, 2014, and had the borrower I, other than I, operate a passenger transport service using the above vehicle.

Summary of Evidence

1. Entry of the witness E and G in the sixth public trial records;

1. Application of the witness I’s legal statement legislation;

1. Article 90 subparagraph 3 of the Passenger Transport Service Act and Article 12 (1) of the same Act concerning facts constituting an offense, the selection of a fine or fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. In order to constitute an act of use under the name of the passenger transport business, it shall be recognized that the person who is not a transport business operator operated the passenger transport service independently by excluding the transport business operator under the name of the transport business operator, and the person employed by the transport business operator; and