All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment-based passenger transport business prohibits the Defendant from commercial transport by using automobiles leased from a motor vehicle rental business entity in order to promote public welfare by establishing order in passenger transport service and promoting the smooth transport of passengers and the comprehensive development of passenger transport service. Thus, the Defendant’s crime is an act detrimental to the above legislative purpose.

In addition, the fact that the defendant has already received a summary order due to the same kind of crime, the period of suspension of execution due to traffic-related crimes, and the fact that the crime of this case was committed during the period of repeated crime is disadvantageous to the defendant.

However, it seems that the defendant recognized his mistake, reflects his depth, and the number of commercial transport is not high.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

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