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(영문) 창원지방법원 마산지원 2017.07.11 2017고단548

여객자동차운수사업법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall provide any motor vehicle other than a commercial motor vehicle for transport with compensation.

Nevertheless, from March 24, 2017 to April 24, 2017, the Defendant: (a) used a passenger car owned by Defendant B, not a commercial automobile, from 25 students of the women's high school located in the Masan- Car Women's High School located in the Masan-si Culture Complex in Changwon-si, Changwon-si; (b) received KRW 50,000 per person from 20 students of the above Musan Women's High School in Musan, Busan, and provided the above students with the car for transportation at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a statement of the detection;

1. Application of Acts and subordinate statutes to violating photographs;

1. Relevant legal provisions and Articles 90 and 81 of the Passenger Transport Service Act concerning facts constituting an offense;

1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

Unfavorable circumstances: Five times the previous records of punishment have been punished for the same kind of criminal records.

The favorable circumstances: The crime of this case is against the law.

It shall be taken into account the fact that the person has caused the crime for livelihood.