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(영문) 제주지방법원 2017.08.18 2017고단1433

여객자동차운수사업법위반

Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Defendant B.

No motor vehicle, other than commercial motor vehicles, shall be provided or rented for a fee, and no one shall arrange for such use.

Nevertheless, from May 1, 2016 to March 3, 2017, the Defendant provided a non-business motor vehicle for transportation with compensation by receiving KRW 4750,00 per 1 vehicle per month from the owner of a duty-free shop (ju) and allowing an employee of the non-business to board a customer of C, D, and E in a private motor vehicle and return to and from the lot at a duty-free shop to a approximately 250m distance from the lot.

2. The Defendant Company B did not neglect due care and supervision over the pertinent business affairs so that the representative, corporation, agent, employee, or other worker of a corporation, or any other person employed by the corporation is not a commercial automobile for transport purposes or for rent, but a considerable amount of attention and supervision over the pertinent business affairs. However, at the same time, at the same time and place as the foregoing 1. paragraph, A, the representative of the Defendant, provided a non-commercial automobile for transport purposes

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police with regard to F;

1. A charge book, each field photograph, and a copy of a closure on the homepage;

1. A contract for business suspension of shuttle buses for customers;

1. Each motor vehicle registration ledger and each motor vehicle registration certificate;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (Submission of suspect A Tax Invoice) and investigation reports at duty-free shops;

1. Article 90 subparagraph 8 of the Passenger Transport Service Act and Article 81 (1) of the same Act, and Article 91 subparagraph 1 of the same Act, and Article 93, Article 90 subparagraph 8 of the Passenger Transport Service Act, and Article 81 (1) of the same Act, and Article 93, Article 90 subparagraph 8 of the same Act, and Article 81 (1) of the same Act,

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A recognizes a crime.