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(영문) 대전지방법원 2016.03.17 2015고정1438
여객자동차운수사업법위반
Text

The Defendants are not guilty.

Reasons

1. Defendant A is the representative director of corporation B, and D is the actual owner of a passenger vehicle with the E 45 passengers, and Defendant B is a corporation with the purpose of a chartered passenger transport service.

A transport business operator shall not have another transport business operator or a person who is not a transport business operator operate passenger transport business with or without any consideration by using all or some of his/her commercial automobiles, and a person who is not a transport business operator shall not operate passenger transport business by using any or all of his/her commercial automobiles under the name of himself/herself or any other person.

A. On April 3, 2014, the Defendant: (a) registered the E-business motor vehicle owned by D, who is not a transport business operator, as the owner of the company B, the representative director; and (b) received KRW 800,000 per month from D as the entrance fee; and (c) around July 12, 2014, the Defendant had the said D, who received KRW 600,000 from an infinite tourist, and had the said vehicle operated the said vehicle from Daejeon to December 12, 2014 in the same manner as indicated in the list of crimes in the attached Form.

As above, the Defendant had a person who is not a transport business operator operate passenger transport business.

B. Defendant B Co., Ltd. committed the above illegal act in relation to Defendant B’s business at the above date, time, and place.

2. Determination

A. The Defendants and the defense counsel did not operate a passenger transport service as D, but operated a vehicle under the direction and supervision of the Defendants.

Since it is argued, I will examine this.

B. The part concerning the belief among the witness D’s legal statements and the statements made to the investigation agency, the protocol of interrogation of suspects to the prosecution against the defendant A, the register of automobile registration, the ledger of salaries, and the investigation report (the submission of suspect D reference materials).

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