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(영문) 수원지방법원 여주지원 2017.02.01 2016고단1270

여객자동차운수사업법위반

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 3 million on April 7, 2014 for a crime of violation of the Passenger Transport Service Act in the Sungnam support of Suwon Friwon, and was punished for the same crime four times more.

[Criminal facts] On November 25, 2015, the Defendant leased BF rocketing motor vehicles under C 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, the Defendant, on January 23, 2016, transported one customer with no name in the Blue-si, Ison-si, Leecheon-si, to the Glue-si Eup in Gwangju-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. Written statements of D;

1. A report on commercial transport activities;

1. Application of the Acts and subordinate statutes governing verification of contract facts;

1. Article applicable to the facts constituting an offense, and Articles 90 and 6-2, and 34 (1) of the Passenger Transport Business Act that choose the penalty therefor;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., circumstances in which there exists no past record of punishment heavier than a fine);

1. The community service order under Article 62-2 of the Criminal Act;