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(영문) 수원지방법원 여주지원 2017.10.30 2017고정156
여객자동차운수사업법위반
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Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant B is a trucking business operator who operated the name of the legal entity to the G on February 11, 2015, while operating the F innju-gun E.

No transport business operator shall allow any person who is not a transport business operator to run passenger transport service with or without compensation by using all or part of his commercial automobiles.

Nevertheless, around September 2014, the Defendant entered into a contract on the condition that he receives KRW 170,000 per month from A, who is not a trucking business operator, as a deposit fee, at the above (State) F Office located in Dongdaemun-gu Seoul Metropolitan Government, and made A run passenger transport business under the name of I-F and (State)G, a commercial motor vehicle located in the said company from around that time to December 2015.

2. No person who is not a defendant A trucking business operator shall run passenger transport business by using all or part of a trucking business operator's commercial motor vehicle under his/her own or another person's name;

Despite the fact that the Defendant is not a transport business operator, the Defendant entered into a contract with B(F) as described in paragraph (1), and operated passenger transport business using a commercial motor vehicle of the said company.

Summary of Evidence

【Criminal facts No. 1】

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to A by the police;

1. Written Statement;

1. A certified copy of corporate registry;

1. Written petition (including attached materials in Nos. 3 through 13 of the evidence list) / [Article 2 of the Criminal Act]

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Written Statement;

1. A certified copy of corporate registry;

1. Application of Acts and subordinate statutes to a petition (including attached materials Nos. 3 through 13 of the evidence list);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 90 subparagraph 3 of the Passenger Transport Service Act and Article 12 (3) (excluding punishment) of the same Act;

B. Defendant B:

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