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(영문) 서울중앙지방법원 2018.05.17 2017고단6538
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

From February 17, 2017 to April 15, 2017, the Defendant, a motor vehicle rental business entity, leased a third-party car from the Materna Co., Ltd.

On April 8, 2017, around 05:13, the Defendant 10,00 won in cash in return for transporting friendly apartment distance to a friendly apartment street in Gangnam-gu Seoul, Gangnam-gu, Seoul, after boarding CR as above, the passenger E on the front road of Gangnam-gu, Seoul.

Accordingly, the defendant used commercial vehicles leased from the car rental business for transportation with compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Inquiry into vehicle information and application of Acts and subordinate statutes of lease agreement;

1. Relevant legal provisions and Articles 90 subparagraph 6-2 and 34 (1) of the Passenger Transport Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant was punished four times for the same kind of crime, but again commits the instant crime, the defendant is selected to be sentenced to imprisonment in view of the fact that he/she is sentenced to a fine, that he/she has no record of punishment heavier than a fine, and that he/she has no record of punishment heavier than a fine, and that he/she is subject to the conditions for sentencing, including the defendant's age, sex, environment, circumstances and result of the instant crime, and the circumstances after

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