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(영문) 대전지방법원 천안지원 2013.03.21 2012고정1028

여객자동차운수사업법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the driver of B-house (one-time boom) of the cargo vehicle.

[2012 Gocheon1028] On May 16, 2012, the Defendant: (a) around 16:46, 2012, the Defendant used the said cargo to transport passengers and received the fare of KRW 5,000,000 from the front of the Geumcheon Apartment apartment located in the East-gu, Chungcheongnam-gu, Chungcheongnam-do, Byungcheon-si, Byungcheon-do, to the front of the Geumcheon Apartment apartment located in the same Gu.

[2013 High 214] On May 16, 201, the Defendant: (a) transported C using the said cargo vehicle from the street in front of the Geumcheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the street in front of the bottled Yacheon-si, Chungcheongnam-do to the street in front of the bottled Yacheon-si, Yacheon-si; and (b) received a fare of KRW 5,000 for passenger transport business type.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Each investigation report (to attach screen pictures and CDs submitted by an accuser);

1. Application of Acts and subordinate statutes to comprehensive inquiries about vehicle details;

1. Relevant provisions concerning facts constituting an offense, and subparagraph 1 of Article 90 of the Passenger Transport Service Act that choose a penalty;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized to be erroneous by the defendant; the criminal records and relationships of the defendant; and other circumstances which form conditions for sentencing, such as the age, character and conduct of the defendant;