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(영문) 대전지방법원 2014.07.09 2013노3280

여객자동차운수사업법위반

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of 50,000 won suspension of sentence) sentenced by the court below is too uneasible.

Judgment

In light of the legislative intent of the Passenger Transport Service Act, which prohibits commercial transport of private cars for the purpose of contributing to the promotion of public welfare by efficiently managing and promoting the passenger transport service without a license of the competent authorities, the crime of this case is disadvantageous to the Defendant’s assertion that he did not occupy passengers free of charge, and it is unclear whether the circumstances of the opening are significant by denying his own crime.

However, in full view of the circumstances that are favorable to the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is too unjustifiable, and thus, cannot be deemed unfair, on the ground that the Defendant’s acquisition of 6 Dokdong 1, the Defendant stated that he will no longer repeat the instant crime, and that he would transfer Dok 6 Dok 6 Dok 1, his own ownership, and that there is no previous difference in indictment except for the two suspended indictments. In so doing, the Prosecutor’s aforementioned assertion is without merit.

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