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(영문) 수원지방법원 2012.09.13 2012고정1430
여객자동차운수사업법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant is a driver of CMF Launa car.

No private motor vehicle other than commercial motor vehicles shall be provided for transport with compensation.

Nevertheless, on September 17, 201, the Defendant transported one female passenger from the 19:24 on September 17, 201 to the lower half-day distance of the same side of the west-ri, in the case of the movement of the wife population in Chungcheongnam-si, and received KRW 4,000.

Accordingly, the defendant provided private cars for transportation with compensation.

2. Where a summary order has become final and conclusive with respect to a part of the crimes which are related to a single comprehensive crime subject to judgment, a judgment of acquittal shall be rendered against the previous crimes on the basis of the time when the summary order is issued, and the subsequent crimes shall be punished as one crime; and

(see, e.g., Supreme Court Decision 94Do1318, Aug. 9, 1994). Business offenders are repeatedly receiving sources of revenue by committing acts and are expected to repeat crimes under continuous criminal intent and are deemed to belong to a single comprehensive crime under substantive law, which is a single crime under substantive law. It is not difficult to determine whether a prohibited provision, etc. specifies “business”.

According to the records, the Defendant, on December 28, 201, was issued a summary order of KRW 500,000 on September 6, 2011, stating that “Notwithstanding the fact that the Defendant was not allowed to provide private cars for transport at a cost, he/she shall transport the passengers of the private cars for private use from the Seo-ri to the Seo-ri to the Kacheon-ri of the same area to the Kacheon-ri on September 6, 2011, and shall receive KRW 4,000 from the passengers for transport, and shall provide the private cars for transport at a cost, and around September 19:38, 201, he/she shall transport the private cars for the same area from the Seo-ri-ri to the Dong-dong to the same area, and received KRW 3,000,000 from the passengers, and the above summary order was finalized on February 28, 2012.”

3.2

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