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(영문) 수원지방법원 성남지원 2017.05.31 2017고단824

여객자동차운수사업법위반

Text

A defendant shall be punished by imprisonment with prison labor 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

No motor vehicle, other than commercial motor vehicles, shall be provided or rented for compensation.

1. On September 29, 2016, the Defendant: (a) around 19:08, around Gwangju-si, Jindong-si, Gwangju-si; (b) around 19:08, the Defendant: (c) used the Defendant’s vehicle for transport with the Defendant’s vehicle, TRG, and 4,000 won, for passenger transport.

2. On October 4, 2016, the Defendant: (a) around 19:12, around 19:12, around 2016, used the automobile for transportation with compensation by taking advantage of the franchise from CG, a motor vehicle owned by the Defendant, for passenger E, and 4,000 won.

3. On October 6, 2016, the Defendant: (a) around 19:14, around 19:14, around 2016, used the car for transport with the Defendant’s car-owned vehicle in the Jinju-si located in Gwangju City, by using the franchise thereof, and by receiving KRW 4,000 for passenger E, and used it for transport with compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation book, each public official’s statement, the details of private transport activities, and each report on commercial transport activities;

1. Relevant legal provisions and the choice of punishment for each crime, as well as the main sentence of Article 90 and the main sentence of Article 81 (1) of the Passenger Transport Service Act, and the choice of imprisonment with prison labor for each crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Prosecutor’s opinion - Fines of three million won

2. Determination - Imprisonment shall be chosen, taking into account four months of imprisonment, and the same force over several times of the defendant for a year of suspended execution.

However, considering the facts leading to the crime of this case in favor of each other, the punishment shall be determined by comprehensively taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments, such as the circumstances after the crime, etc., and the execution of the punishment shall be suspended.