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(영문) 수원지방법원 여주지원 2017.01.09 2016고단1128
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal experience] The Defendant was sentenced to a fine of KRW 5 million on December 21, 2015 to a fine of KRW 5 million on the ground of a violation of the Passenger Transport Business Act in the Credit Support of Suwon Friwon, etc. on December 21, 2015, and was punished four times.

[Criminal facts]

1. No person who rents a commercial motor vehicle of a motor vehicle rental business entity on December 22, 2015 shall use such motor vehicle for transport with compensation;

Nevertheless, on December 22, 2015, the Defendant used the B K5 car leased from Hyundai Capital Co., Ltd. around 14:32 on December 22, 2015, and 8,000 won for the freight of KRW 8,00 in return.

Accordingly, the Defendant used commercial vehicles leased from the car rental business for transport with compensation.

2. The Defendant committed the crime of December 24, 2015, using a passenger car as indicated in paragraph 1 from December 24, 2015, around 13:32, around December 24, 2015, with a view to carrying one passenger from the Changdong-si, Gyeonggi-do to the same market code, and received a fare of KRW 8,000 in return.

Accordingly, the Defendant used commercial vehicles leased from the car rental business for transport with compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A report on violation of passenger transport business or a report on commercial transport business at the time of transfer;

1. Application of the Acts and subordinate statutes governing the origin of long-term sirens contract;

1. Article 90 of the Act applicable to the facts constituting an offense and Articles 90 and 34 (1) of the Passenger Transport Service Act (or selection of imprisonment with prison labor);

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 62 (1) of the Criminal Act on the suspension of execution (The confession, reflectiveness, previous offense relationship, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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