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(영문) 대전지방법원 2018.06.29 2018고정123

여객자동차운수사업법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B established for the purpose of chartered bus business, etc. in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

1. No defendant A trucking business operator shall allow any person who is not another trucking business operator to run passenger transport business with or without compensation by using the whole or part of his/her commercial motor vehicle;

Nevertheless, from April 2015 to June 2017, the Defendant received 400,000 won per month from E, who is not a trucking business operator, from the above company, and had the above E operate passenger transport business using the above bus, etc., and violated the prohibition of use of the name by allowing a person who is not a trucking business operator to operate passenger transport business as shown in the annexed crime list.

2. Defendant B (Representative A) The Defendant, a representative director, committed the above-mentioned act in relation to the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the examination of each police suspect against E, H, I, and J;

1. Application of Acts and subordinate statutes to the deposit slip, operation agency contract, current status of benefits, revenue and expenditure statement, passenger transport business registration certificate, certified copy of the corporate register, each motor vehicle registration certificate, each passbook (duplicate), the current status of the vehicle possession, employee benefits and respective detailed statements on each benefit;

1. Defendant A: Article 90 Subparag. 3 of the Passenger Transport Service Act and Article 12 Subparag. 1 of the same Act ( comprehensively including, but not limited to, the choice of fines) on criminal facts: Defendant B: Articles 93, 90 Subparag. 3, and 12(1) ( comprehensively including, the choice of fines) of the Passenger Transport Service Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Consideration of the circumstances leading up to the instant crime committed by the Defendants for sentencing under Article 334(1) of the Criminal Procedure Act