beta
(영문) 수원지방법원 성남지원 2016.08.19 2016고단1700

여객자동차운수사업법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person who rents a commercial motor vehicle of a motor vehicle rental business operator shall use it for transport with compensation.

Nevertheless, on February 15, 2016, the Defendant, using BF small-scale LF car leased from Sejong-si, Co., Ltd., Ltd. around 14:45, the Defendant transported passengers from the front of the GF 50-ro 757-ro 75, to the front of the “Seoul East Sea Space” road located in the 50-ro 757-ro 75, Seoul, Gangnam-gu, to the front of the “Seoulnam Parking Lot” road, and used them for transportation at a cost by the car rental business entity who leased the car by receiving freight of KRW 40,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of a person in charge of C;

1. A written accusation;

1. Contract for vehicle lease;

1. Application of the CD-related Acts and subordinate statutes to crimes;

1. Relevant legal provisions and Articles 90, 6-2, and 34 (1) of the Passenger Transport Service Act concerning facts constituting an offense, the selective choice of punishment, and the choice of imprisonment (six times of criminal history);

1. Article 62 (1) of the Criminal Act on the suspension of execution (no person shall have career of punishment heavier than that for confession, reflectment, or the same crime);

1. Article 62-2 of the Criminal Act on the protection and observation and on the prevention of recidivism;