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(영문) 전주지방법원 2016.09.08 2016노550
여객자동차운수사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to provide an old community residents with a means of transportation, the Defendant was only paid for the transportation of animals by burning the residents and transporting the animals, but did not receive the price for passenger transportation.

Nevertheless, the lower court erred by misapprehending the facts and making a mistake of finding guilty of the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court found the Defendant guilty of the Defendant, based on the following facts: (i) the Defendant received KRW 13,00,00 from the monthly Myeonk-gun Round to the pregnant room, from the monthly Myeonkdong-gun Round to the pregnant room; (ii) the Defendant received additional transport charges depending on the number of passengers and the weight of cargo; (iii) the transport charges that the Defendant received from the human body and body appear to have been transported together with the human body and body; and (iii) the Defendant could not be deemed to have received only the transport charges that transport the human body and body; (iv) the Defendant, based on the fact that the Defendant used the passenger car rental business for the purpose of transporting the motor vehicle for commercial use, including H. fuel, road expenses, and article 11; and (v) the passenger car rental business operator’s car rental business operator’s car rental business for commercial use.

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