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(영문) 수원지방법원 여주지원 2017.09.06 2017고단882
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 3 million on August 26, 2016 with respect to the Lives support by Lives support by Lives support by Lives support by Lives support by Lives support by the Defendant, as well as three times the record of punishment for the same crime.

[Criminal facts] A person who rents a commercial motor vehicle of a motor vehicle rental business operator shall not use it for transport with compensation.

Nevertheless, around December 6, 2016, the Defendant: (a) around 22:46, the Defendant transported one passenger by using a car free motor vehicle, which is a commercial motor vehicle leased from the Hyundai Bath Capital Co., Ltd., a car leasing business entity, in the name of the Defendant, from the Yacheon-si in Yacheon-si, Gyeonggi-do to the Yacheon-si of the same city, and received KRW 10,000 as a fare.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on a violation of passenger transport business or an application for modern siren long-term siren;

1. Application of Acts and subordinate statutes on criminal investigation request;

1. Article applicable to the facts constituting an offense, and Articles 90 and 6-2, and 34 (1) of the Passenger Transport Business Act that choose the penalty therefor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the favorable circumstances, such as the circumstance in which the defendant, who had been sentenced several times to a crime of the same kind with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, committed the instant crime, etc., and the circumstances without any record of punishment heavier than fines due to the same kind of crime, etc., a sentence identical to the order shall

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