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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2015.10.28 2015노1781
화물자동차운수사업법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (a fine of 300,000 won) declared by the court below against the defendant is too unfilled.

2. In light of the purport of the Trucking Transport Business Act that prohibits the commercial rent of trucks for the purpose of smooth transport of cargo and promotion of public welfare, the fact that the Defendant obtained profit of KRW 1.4 million from the instant crime is deemed to require punishment corresponding to the Defendant’s act, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is recognized as all of his criminal acts, and the defendant seems to have reached the crime of this case in order to raise hospital treatment costs and living expenses in poor living conditions, and there are reasonable grounds for considering the circumstances leading to the crime of this case. The defendant is currently under treatment with the state of cutting off due to the blood pulmonary disease on the right bridge, and the defendant seems to lack the ability to pay a fine or to substitute for community service, etc., which are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.

3. 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.

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