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(영문) 창원지방법원 마산지원 2017.04.26 2017고단80
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall provide any motor vehicle other than a commercial motor vehicle for transport with compensation.

Nevertheless, between July 2016 and December 14, 2016, the Defendant received KRW 60,000 from 15 students of Chang High School in the Chang High School in Changwon-si, Changwon-si, and received KRW 15,000 per month a monthly convenience from 15 students of Chang High School, and gave them to the Defendant by using the B car-type car, which is a 25 passenger car owned by the Defendant, for the purpose of transporting a non-commercial motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant legal provisions and Articles 90 and 81 (1) of the Passenger Transport Service Act, the option of punishment for an offense, and the choice of imprisonment with prison labor;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances of the reasons for the suspended sentence) include the fact that the Defendant had the record of being punished several times of fines for the same crime, and favorable circumstances, such as the Defendant’s timing of and reflects his/her criminal act, the fact that there is no past record of punishment exceeding the fines, and other favorable circumstances, such as the Defendant’s age, family environment, means and consequence of the criminal act, and the circumstances after the criminal act, etc., are considered, and

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