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(영문) 수원지방법원 안산지원 2015.04.15 2015고정256
여객자동차운수사업법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. No person who rents a commercial automobile of a rent-a-car business operator shall use it for transport with compensation;

Nevertheless, from December 1, 2013 to February 18, 2014, the Defendant waiting within the E-5 vehicle leased from D in the vicinity of the main road in Ansan-si, Ansan-si, Ansan-si, and went to the place where the F operator G et al. wants to contact with the unclaimed customers and to the place where they want to kill them, and then, the Defendant obtained a profit of KRW 100,000 per day on an average rate of KRW 3,00 per day in proportion to the operational distance from the basic fee of KRW 3,00.

Accordingly, the defendant used commercial cars of car rental business operators for transportation with compensation.

2. No person who is accused B shall provide private cars for commercial transport.

Nevertheless, from November 20, 2013 to February 18, 2014, the Defendant waiting in the name of H on the roads near the main apartment located in Ansan-si, Ansan-si, Ansan-si, and went F operator G, etc. to the place where they want to contact with others and to put them to the place where they want to buy them, and then, the Defendant obtained profits of KRW 10,000 per day on an average of KRW 3,00 per day in proportion to the operational distance from the basic fee of KRW 3,000.

Accordingly, the defendant provided private cars for commercial transport.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each ledger of driver's licenses and each red inquiry;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the fare list), investigation reports (investigative against the poor customers);

1. Defendant A who has the relevant legal provisions concerning the facts constituting the crime and who has the choice of punishment: Article 92 subparagraph 11 of the Passenger Transport Service Act and Article 34 (1) of the same Act; Article 92 subparagraph 8 of Article 92 of the Passenger Transport Service Act; Article 81 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act:

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