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(영문) 의정부지방법원 고양지원 2017.08.17 2017고정441

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall provide or lease any private motor vehicle, other than a commercial motor vehicle, for transport with compensation, and no one shall arrange for such use.

Nevertheless, on October 13, 2016, the Defendant, using a car for private use C-C-C-C-C-C-C-C-C-C-C-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Civil petition documents;

1. The video CDs [the video of the above video CDs are exposed to a 03:43:24 on this day, around 03:49:58 on this day, around 04:03:02 on the Defendant’s vehicle, the number of customers boarding the Defendant’s vehicle pays transportation fee, and the video is not deemed to have been exposed voluntarily by the customers.

In addition, the witness D who has taken the above video is found to have taken the video at the time specified in the video in this Court after confirming it in this Court.

A clear statement is made, and in light of the fact that an application for the payment of a prize is filed with an administrative agency around the time stated in the above video, the video is recognized to have been taken on October 13, 2016.

Application of Statutes

1. Article applicable to the facts constituting an offense, and Articles 90 subparagraph 1 and 4 (1) of the Passenger Transport Service Act that choose a penalty (excluding punishment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;