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(영문) 수원지방법원 성남지원 2019.09.18 2019고단1309

여객자동차운수사업법위반

Text

A defendant shall be punished by imprisonment 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.

Reasons

Punishment of the crime

No person who rents a commercial automobile of a rent-a-car business operator shall use it for transport with compensation.

Nevertheless, on January 2, 2019, the Defendant, on the 15:12th day of January 2, 2019, transported his name-free customers to the same level of Do from Do to Do in Gwangju-si, and received 4,000 won in return, and used the car leased by a car rental business operator for transportation with compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Lease contract;

1. Place for commercial transport;

1. Application of the Acts and subordinate statutes on the written accusation;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, in spite of his / her past record of punishment four times for the same kind of crime, is not less than that of the crime of this case in a short time, in consideration of the favorable circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and circumstances revealed in the arguments, such as the fact that the defendant committed the crime of this case in a short time, and that there is no record of punishment exceeding the fine due to the same kind of crime, etc., the punishment shall be determined as ordered.