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(영문) 대전지방법원 천안지원 2015.07.03 2015고정348
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of a small-sized cargo vehicle B, who runs the bareboat business with the above-mentioned vehicle.

A person who intends to operate a passenger transport business shall prepare a business plan and obtain a license from the Minister of Land, Transport and Maritime Affairs.

Nevertheless, on June 28, 2014, from around 19:07 to 19:15, the Defendant: (a) operated a male guest who did not possess cargo in front of the distribution of cargo as a passenger and operated to the Green Cross in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seoan-gu, the Defendant received 4,000 won in return and transported it for compensation; and (b) performed an act of passenger transport business type without a license for a total of four times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each report on commercial transport activities, each video CD-related statute;

1. Relevant provisions of the facts constituting an offense, and Articles 90 subparagraph 1 and 4 (1) of the Passenger Transport Service Act that choose a penalty, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the accused was sentenced to three times of suspension of indictment and three times of fines due to the same criminal act as this case in the past. During that process, a request for formal trial against a summary order has the record of reducing the amount of fines, and the same punishment as the order shall be determined once again, regardless of the fact that the amount of fines was reduced.

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