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(영문) 서울서부지방법원 2020.11.26 2020고단2998

여객자동차운수사업법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to operate passenger transport business shall prepare a business plan and obtain a license from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall not operate passenger transport business without obtaining a license or

Nevertheless, the Defendant did not obtain a new lawful license even though the personal taxi transport business license was revoked on March 11, 201, and operated passenger transport business without obtaining a new license. Around April 24, 2020, the Defendant used B cab owned by the Defendant and received KRW 3,800 from his/her nominal customers and transported him/her. From May 2015 to May 2020, the Defendant used the passenger transport business for a total of 8,807 times in the aforementioned way and operated passenger transport business.

Summary of Evidence

1. Defendant’s legal statement, notification on cancellation of taxi transport business license and notification of administrative disposition;

1. The Seoul High Court 2012Nu9512 dismissed the revocation of the revocation of the license for private taxi transportation business;

1. Business handling files and official documents following the revocation of business licenses of private taxi transport business entities, each of which is subject to the suspension of the execution of administrative dispositions 201Ada4075 of the Seoul Administrative Court;

1. One copy of the investigation report (on-site investigation-operation fact and receipt receipt receipt) related to delivery of the judgment of the Seoul High Court 2012Nu9512;

1. Application of Acts and subordinate statutes to a report on investigation (in the case of investigation into seized vehicles B) and a joint investigation report (in the case of Category C seizure and investigation into seized vehicles B);

1. Relevant Article of the facts constituting an offense, Articles 90 subparagraph 1 of Article 90 and Article 4 (1) of the Passenger Transport Service Act, the selection of imprisonment or imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. As for the reason for sentencing under Article 48(1)1 of the Criminal Act, the period, frequency, criminal records, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and all other conditions of sentencing as shown in the records and arguments of the case.