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(영문) 인천지방법원 2018.04.20 2018고정313
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall provide or lease any motor vehicle other than commercial motor vehicles for transport with compensation.

Nevertheless, the Defendant: (a) from the front of the Incheon Southern-gu building B at around 01:30 on November 201, 2017 to the end of the 567 Incheon-dong-gu, Incheon-gu, Incheon-gu, an agent, who is an automobile owned by the Defendant, was replaced by a proxy who is unable to identify the name of the Defendant’s own car, and had the agent pay freight of KRW 2,000 on the card set up in (ju) D using the charge card purchased from the said passenger car; and (b) had the agent pay freight of KRW 2,00 from August 2017 to November 201, the Incheon Jung-gu, Dong-gu, and Yeonsu-gu, Incheon-gu, and the Defendant was charged with the freight of KRW 1,50,000 per month from D (ju).

Accordingly, the defendant provided private cars other than commercial automobiles for transportation with compensation.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Accusation following information on a violation of passenger transport business (private-use transport business);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the register of motor vehicle registration), investigation reports (the date and time of crimes, etc.);

1. Relevant legal provisions pertaining to facts constituting an offense, and Articles 90 and 81 (1) (general provisions) of the Passenger Transport Service Act and Article 90 of the same Act and Article 81 of the same Act concerning the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act seems to be relatively weak in recognition of illegality by taking the method by which the defendant receives transport fees in the form of salary from D Co., Ltd. However, although the defendant had been punished by a fine for the same kind of crime, he/she also committed the instant crime; the period of operation and the profits accrued therefrom; the balance of general amounts of punishment in the same kind of and similar cases; and other defendant's person.

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