The defendant shall be exempted from punishment.

Punishment of the crime

[criminal history] On November 4, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Passenger Transport Service Act in support of Sungnam-nam, which became final and conclusive on the 12th of the same month.

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

Nevertheless, on December 25, 2015, the Defendant: (a) on December 25, 2015, using Bchip car leased from Dan Mancheon-si Co., Ltd., Ltd., and (b) on December 16:27, 2015, and (c) on December 20, 200, the Defendant was paid KRW 20,000 for passengers in front of the Scar Youth Culture Center located in the same Si-dong.

Accordingly, the Defendant used commercial vehicles leased from the car rental business for transport with compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written statement;

1. A report;

1. A vehicle rental contract;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Relevant legal provisions and Articles 90, 6-2, and 34 (1) of the Passenger Transport Service Act concerning facts constituting an offense, the option of punishment, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act provides that the reason for sentencing under Article 39(1) of the Criminal Act shall be limited to concurrent crimes and exemption from punishment; however, although the defendant had been punished several times for the same kind of crime in the past, it seems that even if the first head judgment of the crime was affirmed together with the crime in this case and the crime in this case, the defendant was not sentenced to more severe punishment than the previous punishment.