여객자동차운수사업법위반
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
From July 13, 2012 to January 20, 2016, the Defendant was the representative director of D Co., Ltd., Ltd., Ltd., which was located in Gwangju-si from July 13, 2012.
No transport business operator shall allow any person who is not a transport business operator to operate passenger transport business with or without compensation by using all or some of the commercial automobiles.
Nevertheless, from January 3, 2014 to February 28, 2015, the Defendant had E, who is not a transport business entity, operate passenger transport business by using a F New Zealand franchise vehicle registered in the said D name at a cost, such as transporting passengers and receiving fares from mountain associations and child-care centers.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses G and E respective legal statements;
1. The suspect interrogation protocol of the defendant and E;
1. The police statement concerning G;
1. A written accusation (including attached documents) of G Preparation (including the defendant and his defense counsel) (hereinafter “instant company”) operated by the defendant
(B) A trucking business operator, as an investor of the instant company, is the F New Tour bus (hereinafter referred to as “instant bus”) in its holding with E as an investor of the instant company.
It argues that only he/she has been able to drive, and that he/she has not been allowed to operate passenger transport business using his/her commercial motor vehicle.
Article 12 (1) of the Passenger Transport Service Act provides that "A transport business entity shall not have any person who is not a transport business entity or a person who is not a transport business entity operate passenger transport business with or without compensation by using all or some of the commercial automobiles." Article 12 (3) provides that "a person who is not a transport business entity shall not operate passenger transport business by using any or all of the commercial automobiles under his/her own or another person's name.
The legislative intent of the above provision is to obtain a license for passenger transport business.