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(영문) 서울중앙지방법원 2015.12.01 2015고단3524

여객자동차운수사업법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant, a car rental business entity, is a person who rents a commercial passenger car from “di Esene”.

At around 14:00 on May 28, 2015, the Defendant operated the said passenger car from the front of 185, Gangnam-gu, Seoul, Gangnam-gu, Seoul, to the front of 664, and used it for passenger transport for commercial purpose, with the fare of KRW 10,00,000 in total, from April 23, 2015 to May 28, 2015, such as: (a) the Defendant was using the said passenger car for passenger transport with the fare of KRW 1,010,000,000, which was charged to the passenger transport for a total of KRW 65 times from April 23, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the control site (vehicle and book details);

1. Application of Acts and subordinate statutes to the investigation report (related to specification of crime list);

1. Article 92 subparagraph 11 of the Passenger Transport Service Act and Article 34 (1) of the same Act by universal title to the relevant criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized all the facts constituting the crime of this case and reflects the mistake thereof, that the defendant was punished once as a fine due to a drunk driving in the past, and that there was no record of punishment for the same kind of crime, that there was no profit acquired as a result of the crime of this case, and that other factors of sentencing as shown in the records and arguments including the defendant's age, character and behavior, environment, the circumstances after the crime of this case, etc. are considered as follows.