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(영문) 수원지방법원 여주지원 2017.01.06 2016고단1268

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 22, 2014, the Defendant leased BYF rocketing car in the name of Hyundai Capital Co., Ltd.

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

Nevertheless, on January 3, 2016, the Defendant transported one customer with no name to the neighboring area of Echeon-si, E-si, E-si, Leecheon-si, to the neighboring area of E-si, and in return, received 8,000 won from the car rental business and used the car 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. To prove a long-term siren contract;

1. Application of the Act and subordinate statutes to the investigation report (referring to the video CD filing);

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 reason for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) is that the defendant has a past record of being punished four times or more for the same crime, and that the defendant does not avoid committing the same crime in the future as he/she was aware of and against his/her criminal act.

It is so decided as per Disposition by taking into account the defendant's age, family environment, motive for the crime, circumstances after the crime, etc., such as the fact that there is no record of any other crime except for the records of the above crime, and other favorable circumstances such as the defendant's age