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(영문) 춘천지방법원 영월지원 2019.01.22 2018고단433
여객자동차운수사업법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant B, from June 12, 2018 to June 12, 2018, is an employee of the said E, who runs a call-based business using a Fschton cargo vehicle in the name of “E” in subparagraph D of the Gangwon-gun C building, and Defendant A is an employee of the said E.

1. A person who intends to operate a passenger transport business shall prepare a business plan and obtain a license from the Minister of Land, Infrastructure and Transport;

Nevertheless, on September 3, 2018, at around 08:39, the Defendant, without obtaining a license, used the above cargo vehicle from the Gangwon-gun G Apartment to the “Ikbook” located in H, and transported the J as a passenger, and received KRW 3,000 as the fare.

2. Defendant B, at the same time and place as in paragraph (1), committed the above violation against Defendant A, who is an employee of the Defendant, in relation to the Defendant’s duties.

Defendant B, from June 12, 2018 to June 12, 2018, is a person who conducts call-based business using Fextonton cargo vehicles in the name of “E” in subparagraph D of the Gangwon-gun C Buildings C.

Any person who intends to operate passenger transport business shall prepare a business plan and obtain a license from the Minister of Land, Infrastructure and Transport.

Nevertheless, at around 1:50 on September 5, 2018, the Defendant, without obtaining a license, received 3,000 won as freight from the front side of the Gangseo-gun, Gangwon-do, to the front road of L, by carrying the Ma as a customer on the cargo vehicle.

Summary of Evidence

"2018 Highest 433"

1. Defendants’ respective legal statements

1. Statement to J police officers;

1. "Report on the occurrence of the case";

1. Defendant B’s legal statement

1. Each statement of M and N;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to a license for freight trucking services;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 90 Subparag. 1 and Article 4(1) of the Passenger Transport Service Act; Selection of a fine

B. Defendant B:

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