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(영문) 서울중앙지방법원 2015.08.27 2015고단3561
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall provide or lease any private motor vehicle, other than commercial motor vehicles, for transport with compensation.

Nevertheless, on May 19, 2015, the Defendant received KRW 10,00 in return for transportation at around 21:50,000, and supplied the above private cars for transportation at a cost, by burning C (n, 34 years of age) from around 144-6, in front of Gyeongwon apartment street in the Gangnam-gu Seoul, Gangnam-gu, Seoul, by using Bhool-do car in fact, to the “fire water portion” entertainment establishments located in the same Gu Samsungdong 144-6.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Control note, Article 90 subparagraph 8 of the Passenger Transport Service Act, and Article 81 of the same Act, against a person who provides or leases, or arranges, a private motor vehicle, other than a commercial motor vehicle, for transport with compensation. In light of the legislative intent and contents of the above provision, the passenger transport has not yet been completed;

Even if the transport fee is not paid or the transport fee is not paid, it shall be punished at the stage that can be deemed that the agreement with the passengers on the transport was reached and that the transport was commenced in accordance with the agreement objectively and objectively.

(Supreme Court Decision 2014Do5827 Decided November 27, 2014). Application of statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 90 subparagraph 8 and 81 (1) of the Passenger Transport Service Act that choose a penalty, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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