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(영문) 서울북부지방법원 2018.12.14 2018노1783

화물자동차운수사업법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's decision on the grounds of appeal is unreasonable because it has been excessively unfasible to the defendant by delaying the sentence of 500,000 won.

2. The crime of this case is deemed to have provided a private-use truck for cargo transport at a cost, and such crime is not likely to undermine the order of trucking transport business.

The defendant has been punished three times by a fine and two times by a suspended sentence.

However, in light of the circumstances favorable to the defendant, including the fact that the defendant led to the confession and reflect of the crime of this case, the defendant was diagnosed with brain death, the defendant's wife receiving treatment after receiving a diagnosis of efficial illness, his or her care for the children under the diagnosis of efficial disorder, and the fact that there was no crime for about 20 years after the defendant was punished three times a fine as above and two times a suspended sentence, and other circumstances revealed in the arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be said that the court below's suspension of the sentence of a fine of KRW 50,000,00 for the defendant is unreasonable because it is too unreasonable for the court below to have imposed a fine of KRW 50,00 on the defendant.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.