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(영문) 부산지방법원 서부지원 2018.06.20 2018고정355
여객자동차운수사업법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

No person who is not a transport business operator shall operate passenger transport business under his/her own or another person's name by using the whole or part of automobiles for business of a transport business operator.

1. From October 24, 2012 to October 7, 2014, Defendant A transported executives and employees of Samsung Motor Co., Ltd. using a CN bus registered in the name of the Dandong Tourism Co., Ltd. in the name of the Mandong at the Busan Japan Island between October 24, 201 and October 7, 2014.

Accordingly, the defendant was not a transport business operator, and operated passenger transport business under another person's name using part of a transport business.

2. From February 1, 2013 to December 2, 2014, Defendant B transported executives and employees of Samsung Motor Co., Ltd. using D New Zealand franchise bus registered in the name of Taechie Tourism Co., Ltd. from the Japanese region of Busan during the period from February 1, 2013 to the early police.

Accordingly, the defendant was not a transport business operator, and operated passenger transport business under another person's name using part of a transport business.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspects of E or F (three times);

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration;

1. The Defendants who choose to be subject to applicable legal provisions and punishment for criminal facts: Article 90 Subparag. 3 and Article 12 Subparag. 3 of the Passenger Transport Service Act; selection of fines;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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