여객자동차운수사업법위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person who rents a commercial motor vehicle of a rent-a-car business entity shall use such motor vehicle for transport with compensation.
Nevertheless, the Defendant, on June 2, 2019, transported customers to E in Gangwon-do, Gangwon-do, Gangwon-do, using a car leased by CM6 car from B Co., Ltd. on June 2, 2019, and received KRW 140,000.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to each accusation, the accusers’ submitted images, and photographic Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 90 and 90-6-2 and 34 (1) of the Passenger Transport Service Act that choose a penalty, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for one month to two years;
2. Determination of sentencing standards (unapplicable sentencing criteria) the Defendant used leased motor vehicles for transport with compensation.
This disturbs the order of transport, and the responsibility of the defendant is not against the law.
The defendant has been punished twice by a fine for the same crime.
However, taking into account the fact that the defendant shows a reflective figure by recognizing the crime, the punishment shall be determined as ordered, taking into account the following factors, comprehensively taking into account the defendant’s age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc.