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(영문) 인천지방법원 부천지원 2019.10.02 2019고단2142
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall provide or lease any motor vehicle other than commercial motor vehicles for transport with compensation.

Nevertheless, around December 27, 2018, the Defendant, at around 02:24, was a 15-person class B owned by the Defendant, and was engaged in commercial transport at KRW 3,000, for passengers from the vicinity of the Guro-gu Seoul Metropolitan Government to the upstream of the Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the prosecution (report on the output of the screen by cutting off evidence video images);

1. Police investigation report and investigation report (Evidence video analysis);

1. Accusation a violator of the Bupyeong-si Passenger Transport Service Act, a written statement of C, and request for an administrative disposition for illegal commercial transport by a private car;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the facts constituting an offense, Articles 90 subparagraph 8 of the Passenger Transport Service Act and Article 81 (1) of the choice of punishment, or choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution include the fact that the defendant was sentenced to a fine for the same kind of crime not less than three times, and the fact that the defendant was found to have recognized the facts charged and against him/her, and that the gains acquired as a result of the crime did not have much profits as a result of the judgment, etc. are considered as favorable circumstances. In addition, the punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant’s age, occupation, character and behavior, environment

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