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(영문) 부산지방법원 동부지원 2017.10.19 2017고단1618
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who transports a customer using a personal car with the name of “D” and collects a fare from a passenger transport business (hereinafter referred to as “ciphering”).

Any person who intends to operate a passenger transport business shall obtain a license from the Minister of Construction and Transportation.

Nevertheless, the Defendant, without obtaining a license from the Minister of Construction and Transportation from September 2015 to August 7, 2017, by using the Ebsz motor vehicle operated by the Defendant with the phone of the female workers, etc. of the amusement shop at Busan National Assembly members from around Busan National Assembly from around September 2015 to the destination, and received the fare of KRW 5,00 to KRW 500,000 on the street, using a non-electric and the Kakao Stockholm Stockholm message, etc., to arrange passengers from the above D articles, including F (one person G), H (one person I), and J (one person K), and had the said article 50,00 won or KRW 40,00 per month to the destination by using the personal motor vehicle, and had the said article o serve the customers to the destination, and received such fee as above.

Accordingly, the defendant operated passenger transport business using a motor vehicle without obtaining a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written self-statement;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Investigation report (as to the contact point, etc. of the article of the "D" company stored in the suspect A mobile phone);

1. Application of Acts and subordinate statutes to a report on investigation (verification of callphones used for committing a crime A by suspect A, and period of call);

1. Relevant legal provisions and Articles 90 subparagraph 1 and 4 (1) of the Passenger Transport Service Act concerning facts constituting an offense, the selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The community service order under Article 62-2 of the Criminal Act;

1. In light of the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act committed the instant crime even though he/she had twice the same criminal records, he/she shall be punished strictly.

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