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(영문) 인천지방법원 2019.06.20 2019고정1009
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From February 9, 2018 to April 9, 2018, the Defendant is a person leased from C of the Grand City Co., Ltd. for business purposes.

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

Nevertheless, the Defendant, at around March 6, 2018, transported foreign tourists, including China, from around 106 times until March 30, 2018, to Chinese tourists, whose name is not known using the above passenger car, to the Kimpo-si, Jung-gu, Seoul, to the port of destination Kimpo-si, and received transportation fare of KRW 30,000 from the representative of the Dispute Resolution D Co., Ltd., to arrange the transportation of foreign tourists, and received from the above E in return for the transportation of KRW 4,90,000 from March 30, 2018.

Accordingly, the Defendant used the leased commercial automobile for transport with compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on the arrival of internal investigation and investigation (investigation of materials proving the suspect's suspicion of commercial transport);

1. Relevant Article of the facts constituting an offense, the choice of a penalty, and Articles 90 subparagraph 6-2 and 34 (1) of the Passenger Transport Service Act, and selection of a fine;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized all of the crimes in this case and reflected.

In a similar case, the punishment as ordered shall be determined by comprehensively taking account of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, etc., and all the conditions of sentencing as shown in the records and arguments.

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