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(영문) 수원지방법원 안산지원 2018.12.20 2018고단3557
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to operate a passenger transport business shall obtain a license of the Minister of Construction and Transportation for the national land as prescribed by Ordinance of the Ministry of Construction and Transportation.

Nevertheless, the Defendant, without obtaining a license for passenger transport business, operated a prompt call pool in the name of “B,” while managing a private call business operator, and operated a passenger transport service by obtaining KRW 200,000 from each engineer to September 2018, in return for: (a) waiting in the Defendant’s CV vehicle in the vicinity of the common waters of Ansan City from the end of the end of 2017 to September 2018; and (b) receiving call from the nameless customers; and (c) introducing approximately 5 and seven call officers from B using a free electricity to customers; and (d) providing a passenger transport service by obtaining a delivery of KRW 20,000 from each engineer as the cost of every month’s attendance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The authenticity of the E-production;

1. Application of Acts and subordinate statutes on the photographics of a page page;

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. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence shall be punished by imprisonment in consideration of the fact that the defendant runs a non-licensed passenger transport business for a considerable period of time on a systematic basis, and that he/she has been punished by a fine on several occasions due to drinking driving, etc. in the past. However, considering the fact that the defendant has no particular criminal history other than the above criminal history, and that he/she shows an attitude against the court, the sentence shall be determined like

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