Judgment

In light of the legislative intent of the Passenger Transport Service Act that 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, the crime of this case is not less complicated, and the defendant alleged that he was to neglect the transport of the cargo at the original trial and denied his criminal act.

However, in full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s above 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.