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(영문) 수원지방법원 여주지원 2019.05.13 2019고정49
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

1. On August 27, 2018, around 02:27, the Defendant: (a) transported passengers F from the street in front of the C store in Ischeon-si B to the front of the D apartment in front of the same time to the D apartment, and received 4,000 won in return.

2. On September 16, 2018, the Defendant received KRW 12,000,00 in return for transporting passengers by transporting passengers F with E, a private vehicle from the street in the front of the G apartment in Ischeon-si to the street in front of the same H borrowing from the street in the same city.

3. Around 04:41, the Defendant: (a) transported passengers F with Erestex vehicle, a private car from Erestex, to Erestex vehicle in front of G apartment at the same time, and received 12,000 won in return.

Accordingly, the defendant provided a private automobile for transportation with a total amount of KRW 28,000 for three times.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A report on any illegal transport service;

1. Automobile register;

1. Application of CD video-related Acts and subordinate statutes

1. Relevant provisions of the facts constituting an offense and Articles 90, 8, and 81 (1) of the Passenger Transport Service Act, in their choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant has been punished twice for the same kind of crime, the profits the defendant acquired from the crime of this case, the motive leading to the crime of this case, the age, character, environment of the defendant, and the circumstances after the crime, etc. are equally considered in determining the punishment as ordered.

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