beta
(영문) 대전지방법원 2012.12.28 2012노1779

여객자동차운수사업법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) is that the requirements for the composition of the instant crime cannot be deemed as a single comprehensive crime because of its nature, and it cannot be deemed as a single comprehensive crime, and should be based on concurrent crimes, but the court below rendered a judgment of acquittal by judging that the establishment of the existing summary order extends to the instant act by deeming it as a single comprehensive crime. The court below erred by misapprehending the legal principles on a single comprehensive crime, which affected the conclusion

2. Where a summary order has become final and conclusive with respect to a part of the crimes which are related to a single comprehensive crime subject to judgment, a judgment of acquittal shall be rendered against the previous crimes on the basis of the time when the summary order is issued, and the subsequent crimes shall be punished as one crime; and

(2) On November 4, 2011, the Defendant issued a summary order of KRW 70,00,00 on November 16, 201 and the summary order of this case was finalized on August 16, 201, on the following grounds: (a) on August 16, 201, the Defendant: (b) on the following grounds: (c) on August 16, 201: (d) on the following grounds: (a) on the basis of the evidence duly admitted and investigated by the lower court, the lessee of a car rental business entity’s commercial motor vehicle; (b) on the other hand, the lessee of the car rental business entity’s commercial vehicle was prohibited from using the car for transport with the car leased in B; (c) on August 21, 2011; and (d) on the other hand, on the other hand, the Defendant committed the act of transporting approximately 7-8 km portion from the upper end of the EL apartment in Seosan-si to the lower end of 18,016.