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(영문) 인천지방법원 부천지원 2018.07.05 2018고정29

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall provide or lease a motor vehicle, other than a commercial motor vehicle, for transport with compensation.

Nevertheless, on August 29, 2017, the Defendant, using Cone Star Co., Ltd. registered in his/her own name, started from the upstream of Busan Metropolitan City around 02:40 on August 29, 2017, and collected a fixed amount of KRW 3,000 per day to KRW 12,00 per week from the fixed amount of KRW 12,00 per week against a substitute driver for his/her name until Incheon Metropolitan City, and operated his/her car with compensation.

[ insofar as it is clear that the act of the defendant's transport of representative articles by receiving a certain amount of money from D and using a private car constitutes "act of providing private cars for transport with compensation" prohibited by the Passenger Transport Service Act, and as long as the defendant was aware that he received money from D and provided a private car for transport, the act of violating the Passenger Transport Service Act is recognized.

Defendant engaged in transportation for only proxy driving technicians belonging to D.

It is not different from that, and it is difficult to regard the defendant as a principal offender's tool.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes by cutting down the accusation, documents related to a charge filed against a person who violates passenger transport business, such as a letter of accusation, video, and screen screen of the screen of the reporter, submitted by the reporter;

1. Article 90 of the relevant Act and Articles 90 and 81 of the Passenger Transport Service Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, contests the instant crime, there are some points to consider as legal assertion on the part of the Defendant, and in the future, there is no need to commit the instant crime.

It is illegal to commit the above crimes for living.