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(영문) 대전지방법원 천안지원 2014.07.17 2014고정510

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of Crash truck (one-time call boom).

The defendant did not obtain a license from the Minister of Land, Infrastructure and Transport to operate passenger transport business, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

1. On October 20, 2013, the Defendant: (a) around 16:20 on October 20, 2013, around 16:20, transported one passenger who does not possess the cargo in front of the apartment unit of the Sinsan Sinsan-si, Masan-si, Masan University; and (b) received KRW 4,000 at the fare.

2. On November 16, 2013, at around 15:49, the Defendant: (a) transported one passenger who is not in possession of freight on the said truck from the front side of the apartment village in the Sinsan-si, Sinsan-si to the front side of the D apartment road; and (b) received KRW 3,000 as the freight charge.

3. On November 16, 2013, the Defendant: (a) around 15:45 on November 16, 2013, transported one passenger who is not in possession of freight on the said truck to the front way of the village apartment of the same Ri located in the front side of the ASEAN apartment road; and (b) received KRW 3,000 at the fare.

Summary of Evidence

1. Defendant's legal statement;

1. The E petition and each transport report;

1. Application of the Acts and subordinate statutes concerning photographs, comprehensive details of vehicles, list of F drivers, and violation video storage CDs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;