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.

Punishment of the crime

On February 22, 2019, the Defendant is a person who leases Drocketing motor vehicles from C, a car rental business entity under the name of “B” and substantially operates and manages the said motor vehicles.

A person who rents a commercial motor vehicle of a car rental business entity shall not use the motor vehicle for transport with compensation. However, the defendant received KRW 10,000 from two passengers on his/her name in his/her name on February 27, 2019, and used the above motor vehicle to transport the above passengers from the area near Pyeongtaek-si to the area near Pyeongtaek-si in his/her name.

Accordingly, the defendant was a person who rents a commercial car of a car rental business operator and used it for transportation with compensation.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports on part of the accused's legal statements (specific as lessor of a vehicle), investigation reports (specific as the suspect);

1. Relevant Article 90 of the Passenger Transport Service Act and Articles 90 and 34 (1) of the same Act concerning facts constituting an offense;

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

1. The defendant's assertion of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant merely received 10,00 won from the passenger's substitute driving cost and not received as compensation for commercial transport.

According to the evidence duly adopted and examined by the court, the defendant did not drive a passenger's vehicle on behalf of the passenger at the time of the instant case, and it can be known that the defendant transported the passenger with a rent-a-car business operator and acquired the price therefor. Thus, the above act of the defendant can be evaluated as using the leased motor vehicle for commercial transport.

As alleged by the defendant in domestic affairs, the defendant gets a substitute driver to the place where he is a customer by using the instant vehicle, and the number of customers is high, and part of the customers are not the vehicle that is not a substitute driver.