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(영문) 수원지방법원 2016.10.13 2016노4104

여객자동차운수사업법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal by the Defendants (e.g., the Defendants’ mistake and reflects the Defendants, the substantial benefits acquired by the instant crime are not high, the economic situation is difficult, and there is no record of criminal punishment for the same kind of crime, etc., the sentence of the lower court imposing each fine of KRW 10 million on the Defendants A and B, Defendant C and D is too unreasonable.

2. The crime of this case is determined as follows: Defendant B, C, and D are engaged in passenger transport for consideration without obtaining permission from Defendant A or directly using a personal vehicle; Defendant B, C, and D are articles belonging thereto and are not good to be engaged in passenger transport for consideration without obtaining permission from the brokerage of Defendant A; Defendant C and C for about 21 months; Defendant D committed a crime for about 5 months; Defendant D committed a crime for about 9 months; Defendant A had no record of criminal punishment; Defendant A led the crime of this case; Defendant A had no record of criminal punishment; Defendant B received fines of KRW 2 million from Suwon District Court on November 13, 2015 to violate the Act on Special Cases Concerning the Settlement of Traffic Accidents; Defendant C was sentenced to a fine of KRW 100,000 from the same court on October 11, 201 to a certain amount of punishment for the crime of this case; Defendant C was sentenced to imprisonment with prison labor for 100,000 won during the period of suspended execution and other reasons for the crime of this case.