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(영문) 대전지방법원 2013.05.02 2012노2772

여객자동차운수사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one million won of fine) is too unreasonable.

2. The judgment is based on the following facts: (a) the confession of the instant crime in the trial; (b) the size of the Defendant’s operation of the service of transporting the call Ban, which is operated by the Defendant, is deemed small; (c) even though the Defendant was punished by a fine or was suspended on two occasions due to the same type of crime as the instant crime, the Defendant again went to commit the instant crime; and (d) comprehensively takes account of the Defendant’s age, character and conduct, environment, criminal records, circumstances after the instant crime, risk of recidivism, etc., and all of the sentencing conditions indicated in the instant records and arguments, such as the risk of recidivism, the lower court’s punishment is too unreasonable.

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