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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2020.10.08 2019노4274
여객자동차운수사업법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of all the evidence, including the summary of the grounds for appeal (the factual errors and misapprehension of the legal principles), the details of the maintenance and the disbursement resolution, etc., the defendant's driver recognized that he/she operated an independent passenger transport business without excluding R Co., Ltd., which is a transport business operator, and the judgment of the court below which acquitted the defendants, is erroneous

2. Determination

A. The lower court determined that the evidence submitted by the prosecutor alone, on the following grounds, deemed that it was insufficient to view that Defendant drivers were proven without reasonable doubt that Defendant drivers had operated passenger transport business independently and independently. Accordingly, the lower court acquitted Defendants on each of the grounds that the evidence presented by the prosecutor was insufficient.

① The Defendant travel concluded a mutual aid agreement with NN with respect to each of the instant vehicles (hereinafter referred to as “each of the instant vehicles”) below the “vehicle number” column in the crime sight list, in which the Defendant’s driver was prosecuted for operating the vehicle.

In addition, as the owner and the mortgagee of each of the instant vehicles, they repaid the loan obligations as the owner and the mortgagee of the instant vehicle, paid fines for negligence, and received lawsuits and demands on vehicle repair costs, installment savings obligations to be loaned, and accordingly received general management of each of the instant vehicles.

② The Defendant’s driver appears to have failed to fully refused or receive the schedule of the dispatch from the Defendant’s travelr. The Defendant’s driver appears to have been on the part of the person who was on the part of the person who was on the part of the person who was on the part of the person who was on the part of the person who was on the part of the Defendant’s travelr.

Defendant

It is difficult to view that drivers independently run passenger transport business without excluding Defendant tour operators who are trucking business operators.

③ Defendant travel agents, including each of the instant vehicles, shall be affiliated.

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