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(영문) 대전지방법원 천안지원 2014.09.12 2014고정621
여객자동차운수사업법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

Defendant

A is the representative member of the limited partnership company B, the defendant B is a corporation established for the purpose of automobile transportation business, and the defendant B is a driving engineer who has moved D new franchises into the limited partnership company B.

1. No defendant A trucking business operator shall have another trucking business operator or any person who is not a trucking business operator operate passenger transport business with or without compensation by using all or part of his commercial automobiles;

Nevertheless, from July 2013 to September 30, 2013, the Defendant had C run passenger transport business using the said vehicle on the condition that C, who is not a transport business entity, is paid KRW 220,000,00 for each month after registering a large-scale D New franchise vehicle owned by C in the name of the limited partnership company B.

2. Defendant B limited partnership company Defendant B committed an act of violation as referred to in the above paragraph (1) against A, a representative member of a corporation.

Summary of Evidence

1. Defendant A’s legal statement

1. Examination protocol of suspect C by the prosecution;

1. Statement to E by the police;

1. A vehicle entry management contract and an automobile registration certificate;

1. Application of Acts and subordinate statutes to a investigation report (Submission of data related to operation ofC vehicles);

1. A limited partnership company under Article 90 subparagraph 3 of the relevant Article of the Passenger Transport Service Act and Article 12 of the same Act concerning criminal facts: Article 93 of the Passenger Transport Service Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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