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(영문) 서울남부지방법원 2013.08.28 2013고정2041
여객자동차운수사업법위반
Text

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

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

B is a person who has taken office as a general partner in a limited partnership C on August 17, 2010, and Defendant A is a person who has taken office as a general partner in a limited partnership C on March 21, 201.

1. No defendant B trucking business operator may have another trucking business operator or a person who is not a trucking business operator operate passenger transport business with or without compensation by using all or some of the vehicles for business;

Nevertheless, the Defendant written indictment in the above C from August 17, 2010 to January 4, 2011, and from January 5, 2011 to April 20, 201, from January 5, 2011 to April 20, 201, the written indictment in the above C located in Gangseo-gu Seoul Metropolitan Government E is indicated as the above C located in the Gangseo-gu Seoul Metropolitan Government K from August 17, 2010 to April 20, 201, but it is apparent that the location of the company is transferred around January 5, 201, and so written as above.

G 47-person tourist buses from F, who is not a transportation business entity, entered a G 47-person tourist bus and let F provide passenger transportation services.

2. No defendant A trucking business operator may allow any person who is not a trucking business operator or a trucking business operator to operate passenger transport business with or without compensation by using all or some of the vehicles for business;

Nevertheless, from September 9, 2011, the Defendant: (a) around September 9, 201, from a limited partnership company C in Gyeonggi-gun H, the Defendant entered one bus for tourism with the I 47 passengers from F, who is not a transportation business entity, and had F carry out passenger transport business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of the F by the prosecution;

1. Statement to J police officers;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the laws and the choice of punishment concerning the facts constituting an offense, and Articles 93 (main sentence), 90 (3), and 12 (1) of the Passenger Transport Service Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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