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(영문) 의정부지방법원 2018.02.08 2017고정2399
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No motor vehicle, other than commercial automobiles (hereinafter referred to as "private cars") shall be provided or rented for compensation, for transport, and no person shall arrange for such use.

On November 5, 2016, the Defendant received an amount equivalent to KRW 200,000 per day from C (unex) around 10:00 on November 5, 2016, and operated approximately 170km from the Seodaemun-gu New-dong University School, Seodaemun-gu, Seoul Special Metropolitan City to 'F restaurant' located in Scheon E.

Summary of Evidence

1. Some statements made in the suspect examination protocol of each police officer in the defendant, G, or H;

1. Statement made to I by the police;

1. A written statement of I;

1. A report on investigation (J telephone call of a witness) and a report on investigation (the second telephone call of a witnessJ);

1. Written request for the provision of communication confirmation data;

1. Comprehensive details of vehicles -D

1. On-site photographs (the defendant asserts that he is only operating a vehicle at a service vehicle free of charge without compensation. However, according to the evidence above, it is reasonable to view that the defendant was to receive transport charges and transport passengers. Thus, the defendant did not actually receive the transport charges on the wind regulating the police.

Even if it does not affect the crime of this case]

Application of Statutes

1. Relevant legal provisions and Articles 90 and 81 (1) of the Passenger Transport Service Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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