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(영문) 대전지방법원 천안지원 2014.09.25 2014고정539

여객자동차운수사업법위반

Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is that the defendant operated the agency company in the name of "D" in the Dong-gu, Dong-gu, Chungcheongnam-gu, and even if the non-commercial car was not provided for commercial transport, the defendant's employee, at around 03:30 on November 12, 2013, E, a central apartment located in the north-dong, Dong-gu, Dong-dong, Dong-gu, dong-gu, dong-gu, Dong-gu, the defendant occupied the passenger G to the passenger car for transport of the non-commercial car at a cost, such as transporting the car to the front of the new apartment in the same Dong-gu, Y-gu, Y, 600 won in return, and the defendant's employee, committed a violation of the Passenger Transport Service Act in relation to the defendant's business.

2. The defendant's assertion and judgment

A. Although the defendant is the representative of the above "D", the above E merely provided the act of acting as a broker only for the act of acting as an employee, not the employee of the defendant for commercial transport.

Therefore, the defendant is not in use with the above E.

B. According to the reasoning of the judgment, the witness E’s investigative agency, and the statements in this court, E appears to be merely an acting on behalf of the Defendant or a call bareboat, and even according to all evidence submitted by the prosecutor, it is difficult to conclude that there was an employment relationship between the Defendant and E, and there is no other evidence.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence against the defendant is publicly announced under Article 58(2)