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(영문) 수원지방법원성남지원 2020.08.19 2020고단915
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment 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.

Reasons

Punishment of the crime

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

Nevertheless, around 18:58 on February 23, 2020, the Defendant: (a) boarded the passengers on the Drocketing passenger car leased by the car rental business entity C prior to the Gyeonggi-si Association Tri-si Branch; (b) transported the car to the roads prior to the Gebrop bus terminal in Gwangju-si; and (c) received 4,000 won in return, and used the car for transport at a cost.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the accusation, report on commercial transport activities, evidence video CD-related Acts and subordinate statutes;

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 used the leased automobiles for the reason of sentencing under Article 62(1) of the Criminal Act for transport with compensation.

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

The defendant has been punished by a total of five times from 2011 to 2019 for the same crime.

However, considering the fact that the defendant shows an attitude against the defendant to recognize the crime and that the defendant does not repeat the crime, etc., and other various conditions of sentencing in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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