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(영문) 수원지방법원 평택지원 2020.02.06 2019고정216
여객자동차운수사업법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who rents any commercial motor vehicle of the rent-a-car business operator violating the Passenger Transport Service Act shall use such motor vehicle for transport with compensation;

Nevertheless, at around 17:20 on August 21, 2017, the Defendant transported a person under his/her name, under the condition that he/she will receive KRW 4,000 from a car rental business entity, using a car rental business entity, which is a commercial motor vehicle leased from Pyeongtaek-si B to Pyeongtaek-si in front of Pyeongtaek-si.

2. Defendants violating the Act on the Reserve Forces are the trainees of the reserve forces.

On May 2017, the Defendant changed his residence from Pyeongtaek-si F Building G to H apartment I, but failed to file a report on his/her residence without good cause, thereby making his/her domicile unknown registration.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each internal investigation report and investigation report;

1. Application of the relevant statutes, such as written petition, request for accusation and resident registration record card;

1. Relevant Article 90 subparagraph 6-2 of the Passenger Transport Service Act and Article 34 (1) of the same Act concerning the facts constituting an offense, Article 15 (2) of the Reserve Forces Act (a point of registration of unknown residence) and selection of fines;

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

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

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

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