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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is an individual entrepreneur who provides passenger transport services with leased automobiles for consideration.

No person who rents a commercial motor vehicle of a rent-a-car business operator shall use it for transport with compensation.

Nevertheless, on June 2, 2019, the Defendant borrowed from B Co., Ltd. on June 2, 2019 and transported customers from Gangwon-gun to Gwangjin-gu in Seoul by using a passenger car and received KRW 60,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of the complainants), chassiss, etc., investigation reports (Attachment of the Motor Vehicle Register and Mandatory Insurance Records);

1. Relevant legal provisions concerning facts constituting an offense, Articles 90 and 90-6-2 and 34 (1) of the Passenger Transport Service Act that choose a penalty, and the choice of imprisonment;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, used sirens for transport with compensation.

This disturbs the order of transport, and the responsibility of the defendant is not against the law.

The defendant has a record of being sentenced to two times of suspension of indictment and two times of fine due to the same crime.

However, taking into account the fact that the defendant shows a reflective figure by recognizing the crime, the punishment shall be determined as ordered, taking into account the following factors, comprehensively taking into account the defendant’s age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc.