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(영문) 수원지방법원 2018.11.30 2018고정1688
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works, using his own private car, as an agent for the destination and receives transportation fees.

No motor vehicle, other than commercial motor vehicles, shall be provided or rented for compensation.

Nevertheless, the Defendant, on June 20, 2018, operated approximately 4.3 km from the 5th km-dong Scandon-dong Scandon-dong, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, Scandon-si, S.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police against C (the defendant does not constitute a crime because he/she is an exception to commuting time to and from the passenger transport business under the Passenger Transport Service Act)

The argument is asserted.

However, exceptionally allowing the commercial transport of private cars as stipulated in Article 81(1)1 proviso of the Passenger Transport Service Act is “a case where a person gets to get to and from work together with a passenger car.” However, the Defendant did not act as an agent at his/her own time of his/her commuting, but merely engaged in commercial transport while providing his/her own personal cars for the retirement of his/her substitute engineer. It does not constitute the foregoing exceptional provision.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Article 90 of the relevant Act and Articles 90 and 81 (1) of the Passenger Transport Service Act concerning criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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