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(영문) 춘천지방법원 영월지원 2013.09.10 2013고단346
여객자동차운수사업법위반
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of eight hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who is a defendant shall engage in any activity in the form of passenger transport business using a truck, special motor vehicle, or two-wheeled motor vehicle;

Nevertheless, on March 5, 2013, the Defendant, using Cynch 6 Bom trucks, carried two passengers who do not have cargo in front of the Korean hospital located in the Cheongwon-gun, Cheongwon-gun, Seowon-gun, Seowon-gun, and transported them to the entrance of the Gangwon-do Casino casino located in the Cheongwon-gun, Gangwon-gun, Seowon-gun, and received 5,000 won freight from the above passengers from around April 16:45, 2013, from that time, the Defendant used five passengers who did not have cargo on five occasions as indicated in the list of crimes, and used the passenger transport business type, such as transporting the cargo by receiving freight charges from six passengers who did not have cargo on five occasions.

2. Defendant B is a business owner who uses CKaz 5 truck for the transport business, and is obligated to supervise and manage the business owner who uses CKaz 5 truck for the transport business so that A, the user, does not perform any act of transporting passengers without animals using the above truck.

Nevertheless, the Defendant neglected the above supervision and management duty, thereby allowing A to transport passengers without animals using a truck as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of D, E, F, and G;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes on the screen by capturing each image data;

1. Defendant A who has the relevant legal provisions and the choice of punishment concerning the facts constituting an offense: Defendant B under Article 90 subparagraph 1 of the Passenger Transport Service Act (elective of fines): Article 93 and subparagraph 1 of Article 90 of the Passenger Transport Service Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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