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(영문) 수원지방법원 성남지원 2019.10.02 2019고단1577
여객자동차운수사업법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person who rents a commercial motor vehicle of a rent-a-car business operator charged with facts constituting an offense shall use such motor vehicle for transport with compensation;

Nevertheless, around 14:14 on January 1, 2019, the Defendant: (a) loaded G to F vehicles leased under the name of D Co., Ltd., a car rental business entity, in a place not known of the location not exceeding B in Gwangju City; (b) transported the F vehicles to a place where it is impossible to identify the location not exceeding the Seoul Special Metropolitan City, and (c) received 6,000 won in return and used the said vehicle for transportation for compensation.

2. The facts charged in the instant case are as follows. According to the evidence duly adopted and examined by the instant court, the Defendant received a summary order of KRW 3,00,000 from the Sungwon District Court Branch Branch around July 29, 2019 to a fine of KRW 3,00,000 as a violation of the Passenger Transport Service Act, and the summary order became final and conclusive around September 17, 2019, and the facts constituting the crime in the instant summary order are recognized as stated in the attached Table.

The facts charged of this case committed before the issuance of the above summary order and the facts charged of this case are repeated acts of the same kind, and it is reasonable to evaluate the whole as one act, since it is closely related to several repeated acts such as the distance of time and place, similarity of method, the same opportunity, and the continuation of criminal intent. Thus, the facts charged of this case and the facts charged of this case are related to the crimes of the above summary order.

I would like to say.

Therefore, the effect of the above final summary order also extends to the facts charged in this case, which is a single comprehensive crime.

3. According to the conclusion, the facts charged in this case constitutes a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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