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(영문) 수원지방법원 성남지원 2017.06.21 2017고단912
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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

Defendant

A is the owner of the Cub vehicle in B.

No person shall provide or lease any motor vehicle other than a motor vehicle for commercial use for transport, or arrange for such use.

1. On October 1, 2016, around 12:11, the Defendant received 6,000 won for passengers C (58 years, South Korea) from the Mandong Eup in Gwangju-si to the Dandong-si, and performed a commercial transport by using coo car in B owned by the Defendant.

2. On October 3, 2016, around 15:05, at around 15:05, passengers C (58 years, South) received KRW 5,000 from the Mang of the Dandong Eup in Gwangju-si to the building industry, and carried out commercial transport by using coo car in B owned by the Defendant.

3. On October 18, 2016, around 16:48, around Gwangju-si, the passenger D (52 years, women) received 6,000 won from the live to the live live live live live live live live live live live live lives from the live live live live live l

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of accusation or report on commercial transport (c).

1. Relevant Article 90 of the Passenger Transport Service Act and the main sentence of Article 81 (1) and the selection of imprisonment with prison labor for each type of crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Prosecutor’s opinion - Fines of four million won

2. Determination - Imprisonment shall be chosen, taking into account four months of imprisonment, and the same force over several times of the defendant for a year of suspended execution.

However, considering the favorable circumstances of each of the facts leading to the instant crime for living, the punishment shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (b) the circumstances after the commission of the crime; and (c) the sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments, such as the circumstances after the commission of the crime.

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