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(영문) 창원지방법원 진주지원 2013.03.21 2013고정120
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

The defendant is the actual owner of B, C, and D private cars.

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

1. Nevertheless, the Defendant, as a vehicle owned by the Defendant from May 1, 2011 to October 15, 2012 at the F Teaching Institutes located in E, Jinju-si, operated the said student five times a week and three times a day, and received KRW 2,30,000 per month at its freight rate.

Accordingly, the defendant provided the above private cars for transportation at a cost.

2. From August 16, 2012 to October 15, 2012, the Defendant: (a) had a driver G, who employs the Defendant, operate the said student by operating the said student five times a week and three times a day; and (b) received KRW 2.6 million per month at freight rates.

Accordingly, the defendant provided the above private cars for transportation at a cost.

3. From August 15, 2012 to October 15, 2012, the Defendant: (a) had H, by himself/herself, operate the said private teaching institute on five occasions a week; (b) three occasions a day; and (c) had H operate the said private teaching institute at its own expense; and (d) received KRW 230,000 per month at its freight rate.

Accordingly, the defendant provided the above private cars for transportation at a cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of I, G, and H;

1. An explanatory note of the J;

1. Each register of automobiles;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Articles 90 subparagraph 8 and 81 (1) of the Passenger Transport Service Act that provide for the choice of punishment for the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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