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(영문) 대전지방법원 천안지원 2018.03.08 2018고정3
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the cargo transport business by using B, as the owner of B, 6 B, and 6 B, one-time cargo vehicle (one-name “B,” hereinafter).

1. On April 19, 201, the Defendant: (a) on April 19, 201, around 23:01, and around 237-5, in front of the Sung-gu, Seo-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungsung-dong, the Defendant: (b) laid off passengers not in possession of the above cargo from the above cargo to the front of the above cargo apartment with the rate of KRW 3,000 at one 30,000,000.

2. On June 21, 2017, around 23:30 on June 21, 2017, the Defendant: (a) laid off passengers who did not possess the cargo from the said cargo onto the front of the said cargo apartment at the rate of one 309 square meters in the same Eup/Myeon; and (b) received 3,000 won at the freight rate.

3. On June 22, 2017, around 22:04, the Defendant: (a) laid off passengers who did not possess the cargo from the said cargo onto the front of the said cargo apartment at the rate of one 309 square meters in the same Eup/Myeon; and (b) received KRW 3,000 as the freight, around 22:00.

As a result, the defendant used the trucks in the form of passenger transport business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation and statement, and each report on commercial transport;

1. Application of the comprehensive details of vehicles Acts and subordinate statutes;

1. Selection of a fine under Article 90 subparagraph 1 of the Passenger Transport Service Act and each type of fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following circumstances: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act, including the background and frequency of the instant crime; and (b) the Defendant’s previous convictions seven times; and (c) the Defendant’s previous convictions up to the history of the suspension of indictment, which was discovered the first nine times.

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