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(영문) 전주지방법원 2016.04.22 2016고정40

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person who rents a commercial motor vehicle of a motor vehicle rental business operator shall use it for transport with compensation.

On August 1, 2014, the Defendant: (a) leased B Car with a monthly rent of 664,730 won and a rental period of 54 months from the Hyundai Capital Co., Ltd; (b) on October 24, 2014, the Defendant leased C Car with a monthly rent of 73,590 won and a lease period of 36 months from the same company;

1. On September 6, 2015, around 08:00, 13,000 won received from D and transported the said car using the said car, from 408 to 20 by means of the air transport from 408, a monthly Myeonkdong-gun, the former Myeonkdong-gun, the Myeonkdong-gun, to Myeonkdong-gun, the former Myeonkdong-gun, the transportation of which was 20 by means of transportation.

2. From around 11:00 on September 11, 2015, the Plaintiff received KRW 2,000 from E and transported 2,00 to 152, Cheongju-gun, Cheongju-gun, Cheongju-ro, Cheongju-ro, 152, to Cheongju-si, Ma, etc.

Accordingly, the defendant leased a commercial automobile of the automobile rental business operator and used it for transport with compensation.

Summary of Evidence

1. A legal statement made to the effect that he/she carried persons on board a leased vehicle of the accused;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made in relation to F, D, and G;

1. Each motor vehicle registration certificate and each long-term siren contract certifying source;

1. Application of the Acts and subordinate statutes to photographs and publicity materials;

1. Article 92 Subparag. 11 and Article 34(1) of the former Passenger Transport Service Act (Amended by Act No. 13376, Jun. 22, 2015; Act No. 13376, Dec. 22, 2015);

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The charges received by the defendant are not the charges for transporting people but the charges for transporting animals, and thus, the defendant's person.