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(영문) 대전지방법원 서산지원 2012.08.09 2012고정40

여객자동차운수사업법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. On June 1, 2011, the Defendant is a person who rents a commercial motor vehicle CB from the State on June 1, 2011, and a person who rents a commercial motor vehicle shall not use the commercial motor vehicle for transport with compensation.

On August 20, 201, the Defendant, using the foregoing vehicle on August 20, 201, added D (W, 58 years old) in front of the LG apartment located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the seat of the same Eup, and received 10,000 won at the freight therefor.

8. From 13:44 up to 21. 13:44, an act of commercial transport using leased automobiles, such as the annexed list of crimes.

2. According to the records, even if the Defendant issued a summary order of KRW 700,00 on November 4, 201, to the effect that “A lessee of a car rental business entity’s commercial automobile shall not use it for transport with compensation,” the Defendant, as seen above, with the Bana vehicle leased from B around August 16, 201, on the ground that the Defendant committed an act of commercial transport with charges of KRW 10,000,00 on charges of violating the Passenger Transport Service Act, “A lessee of the car rental business entity’s commercial automobile shall not use it for transport with compensation,” and the said summary order became final and conclusive on December 16, 2011.

According to the above facts, the facts charged in violation of the Passenger Transport Service Act and the facts charged prior to the issuance of the above summary order can be recognized as the time, place and method between the acts, and the continuation of the criminal intent, etc., and thus, it is related to a single comprehensive crime as a business offender, and therefore, the effect of the above summary order shall also affect the facts charged in this case. Thus, the facts charged in this case constitute the time when a final judgment has been made, and thus, a judgment of acquittal shall be pronounced pursuant to Article 326