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(영문) 서울중앙지방법원 2016.09.21 2016고정2613
여객자동차운수사업법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to operate a passenger transport business shall obtain a license of the Minister of Construction and Transportation for the national land as prescribed by Ordinance of the Ministry of Construction and Transportation.

On February 11, 2016, the Defendant: (a) without obtaining a passenger transport service license around 19:00, the Defendant transported one female customer E (36 years of age) using the same passenger car in front of the Seocho-gu Seoul Metropolitan Government, by using a car owned by the Seocho-gu Mat to the vicinity of the Seocho-gu Mat, Seoul; (b) received a 10,000 won operating fee from the female; (c) around 19:20 on the same day, the Defendant transported customer E (36 years of age) using the same car in front of the 1 Dong-dong Office in Gangnam-gu, Seoul; and (d) received the service fee of 10,000 won from the female to February 11, 2016; and (d) received the service fee of 80,000 won per day from the passenger to the demand of other people; and (d) received the service fee of 10,000 won per passenger from the said article and the said service fee for the same period of 10, 2000,000.

Accordingly, the defendant operated passenger transport business without obtaining a passenger transport service license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on passengers of the vehicle under consideration (E);

1. Application of Acts and subordinate statutes to the police interrogation protocol to F and G;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 90 subparagraph 1 and 4 (1) of the Passenger Transport Service Act that choose a penalty, and the selection of fines (including the choice 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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