logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.22 2017노5057
여객자동차운수사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (one million won penalty) imposed by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances alleged by the Defendant for unfair reasons for sentencing are deemed to have already been reflected in the lower court’s sentencing grounds; the Defendant’s period of carrying on passenger transport business in the name of D Co., Ltd. is less than two years; the Defendant’s period of carrying on passenger transport business is not shorter than two years; equity in both similar cases; the motive, means, and consequence of the crime; and the circumstances after the crime, etc., of the lower court’s sentencing cannot be deemed to have excessively exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

arrow