A defendant shall be punished by imprisonment for six months.

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

Criminal facts

Some of the facts charged were corrected.

No person who rents a commercial motor vehicle of a rent-a-car business operator shall use such motor vehicle for transport with compensation.

Nevertheless, on January 3, 2019, the Defendant driven the C K5 vehicle leased from Y5 Co., Ltd., Ltd., a rental car company, and transported its name-free customers from D on the street in front of Gwangju City to D, the Defendant received 6,000 won in return for the transport of its customers and received 6,000 won in return, and around 18:13 of the same day, the Defendant transported its passengers at a cost by receiving 5,000 won in return for the transport of its customers from D’s street in front of Gwangju City to D’s difficult location in Gwangju City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on commercial transport activities (Investigation record seven pages);

1. Application of a vehicle lease contract, a caps of dynamic image (24 pages of investigation records) and Acts and subordinate statutes;

1. Relevant Article of the facts constituting the crime, and Articles 90 and 34 (1) of the Passenger Transport Service Act that provides for the selective punishment (generality and choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant committed an act of leasing a car of the rent-a-car business operator and transporting passengers for compensation, despite the fact that the Defendant was sentenced to a suspended sentence of one year in April of 2016 due to a violation of the Passenger Transport Service Act, and was punished five times.

The main circumstances are to be taken into account, but the defendant has no record of criminal punishment for the last 20 years, and other circumstances such as the age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined like the order, taking into account the following circumstances.