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(영문) 창원지방법원 마산지원 2017.07.05 2017고단547
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment 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

No one shall provide any motor vehicle other than a commercial motor vehicle for transport with compensation.

Nevertheless, on April 24, 2017, around 07:05, the Defendant provided the said motor vehicle for transportation at a cost by taking advantage of the passenger bus owned by the Defendant, not a commercial motor vehicle, B 14 students of the above Musan Women's High School from 10 students of the above Musan Women's High School at the Masan-si Women's High School at the Changwon-si, Changwon-si, Busan High School to the Masan Women's High School at the 65-ro, Changwon-si, Changwon-si, Changwon-si, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of an accusation, a statement of detection, and the application of statutes on site photographs;

1. Relevant legal provisions and Articles 90 and 81 (1) (main sentence) of the Passenger Transport Business Act and selection of imprisonment with prison labor for an offense;

1. The defendant, with reasons for sentencing under Article 62(1) of the Criminal Act, shall choose to be sentenced to imprisonment in consideration of the fact that he/she has the same criminal records twice.

However, considering the facts leading to the instant crime while making a confession, favorable circumstances should be taken into account for the purpose of living, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and various 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, are determined, and the execution of the sentence shall be suspended.

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