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(영문) 수원지방법원 여주지원 2017.02.03 2016고단1370

여객자동차운수사업법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2014, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Passenger Transport Service Act in the Sungnam support of the Suwon Flag method, and was sentenced to a fine of KRW 3 million in the same crime history three times.

Criminal facts

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

Nevertheless, on January 7, 2016, the Defendant used the B K5 car leased from C C C C Crenk Co., Ltd. on January 7, 2016, and was paid KRW 8,000 as the price for the passenger to Gecheon-si's Dak-si's Dak-si's Dok-si.

Accordingly, the Defendant used commercial vehicles leased from the car rental business for transport with compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A report on commercial transport activities;

1. Video CDs;

1. A vehicle rental contract;

1. Application of Acts and subordinate statutes to report on investigation (to hear suspect D statements);

1. Relevant legal provisions and Articles 90 and 6-2 and 34 (1) of the Passenger Transport Service Act concerning facts constituting an offense, the selection of punishment for imprisonment;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances of the reasons for sentencing as seen earlier) are as follows: (a) the Defendant was already punished three times or more for the same crime in the past; (b) the Defendant was committed with respect to and against his own crime; and (c) the favorable circumstances, such as the fact that there was no past record of punishment exceeding the fine; and (d) other favorable circumstances, such as the Defendant’s age, family environment, past history, means and consequence of the crime; and (c) the circumstances after the crime, etc. are considered