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(영문) 대전지방법원 천안지원 2013.06.13 2013고정331
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 27, 2012, the Defendant: (a) around 19:09, around 19:09, performed an act in the form of passenger transport business after being issued KRW 3,000 of the freight rate with the passengers who did not possess the cargo by using the Kazye trucks from the front of the independent call Ban office located in Yacheon-gu, Yacheon-gu, Dongcheon-gu to the front of the same Ri-dong apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Determination as to the assertion by the defense counsel of the report on illegal commercial transport, accusation, vehicle comprehensive details, and motion picture CDs

1. The Defendant’s defense counsel, on October 29, 2012, notified the Defendant of the charge of violating the Passenger Transport Service Act that “the Defendant transported passengers on or around 19:10 on June 27, 2012 without a license, while receiving the price for passenger transport business,” and the said summary order becomes final and conclusive around that time. In light of each of the crimes committed in the instant case and each of the finalized cases, the instant passenger transport service was repeated with a single and continuous intention to engage in business, and thus, the damaged legal interest is identical and continuous.

As such, it is argued to the effect that res judicata of the said finalized case extends to the facts charged in this case, since it constitutes a single comprehensive crime.

2. The judgment of the business entity is based on the repetition of the act by the actor, and the repetition of the crime is anticipated under the continuous criminal intent, and it constitutes a single comprehensive crime under the substantive law, which is a single crime, which is a single crime under the substantive law, and it is not difficult to find whether or not the prohibition provision has specified the "business".

In addition, where a judgment becomes final and conclusive on part of a crime related to a single comprehensive crime, a judgment of acquittal should be rendered for the previous crime on the basis of the time of pronouncement of judgment, and for the subsequent crimes, a single crime shall be rendered.

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