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(영문) 춘천지방법원 영월지원 2020.06.23 2020고단157

여객자동차운수사업법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is a person operating the “C” company in Gangwon-gu, Gangwon-do, and D, E, F, and G are acting drivers employed by the said company.

No person shall provide, or arrange, any motor vehicle other than a motor vehicle for commercial use for transport.

Nevertheless, at around 20:26, May 28, 2019, the Defendant arranged G to transport customers from the HamM5 car, which is a private car, to the YM5 car, and to receive KRW 25,000,000, by using the HM5 car, from the Gangwon-gu Seoul Special Metropolitan City, Gangwon-do, which is Gangwon-do, and arranged to provide customers with a non-commercial motor vehicle for transportation 18 times from that to July 21, 2019, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning D, E, F, and G;

1. Each accusation;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the I vehicle inquiry report and business registration certificate operated by the suspect), investigation reports (Attachment to the suspect D, E, F, and other closure photographs on the major pages of screen pictures), each investigation report (Attachment to a photograph of a photograph taken by the complainant), and investigation reports (Attachment to the register of vehicles);

1. Relevant Articles 90 and 81 of the Passenger Transport Service Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to three years;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, as an agent driver, arranged to provide his/her own motor vehicle for transport over 18 times as an agent driver.

This disturbs the order of transport, and the responsibility of the defendant is not against the law.

However, considering the fact that the defendant shows a reflective form by recognizing the crime, the fact that there is no record of punishment for the same crime, and other defendants.