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(영문) 수원지방법원 2017.06.14 2017고정1209
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 private motor vehicle shall be provided for transportation, or provided for commercial transportation.

On February 2, 2017, the Defendant agreed to receive KRW 1,500,000 per month on the condition that the “C Proxy Driving Company” and the circular route (from the distance from the flow to the same Gu and the same Gu and Dong) located in Suwon-si, Suwon-si will transport a substitute driver with D, and around February 17, 2017, the Defendant occupied the substitute engineer on the street in the front of the Dong-gu, Young-gu E and carried out the commercial transport for personal use.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on occurrence;

1. Application of a copy of vehicle registration certificate, and vehicle photographs;

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

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 of the Provisional Payment Order 【The act of the Defendant’s act of transporting agency articles by receiving a certain amount of money every month from C agency driving company constitutes “an act of commercial transport,” which is prohibited by the Passenger Transport Service Act, and as long as the Defendant was aware that he received money and provided a private vehicle for transport, the intent to commit a crime of violating the Passenger Transport Service Act is recognized. Furthermore, at the time of the contract, the Defendant stated that “the act of transport by proxy articles is not an act of commercial transport, since he did not receive a direct fare from the proxy driving company” from C agency driving company at the time of the contract.

However, such circumstance alone leads to a mistake that the defendant's act does not constitute a crime under the laws and regulations, or there is a justifiable reason for such mistake.

shall not be deemed to exist.

Therefore, the defendant and his defense counsel are not accepted.

[Judgment]

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