logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.10.16 2019노4315
화물자동차운수사업법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal is too unreasonable for each sentence of the lower court (a fine of 1.5 million won, a fine of 1.5 million won, and a fine of 1.5 million won) against the Defendants.

2. Determination

A. Defendant A’s erroneous determination on Defendant A’s assertion of unfair sentencing is based on the position to recognize and reflect Defendant A’s wrong determination; Defendant A has no record of punishment exceeding the same kind of crime and fine; Defendant A’s commercial transport constitutes one time; and Defendant A is in the position to determine whether the instant truck is used for commercial transport.

In full view of the various circumstances such as the fact that the defendant A appears not to be the subject of the profit accrued from the transportation for consideration or the fact that it appears to be the subject of the profit accrued from the transportation for consideration, and other various circumstances that form the conditions of sentencing as shown in the argument in the instant case, such as the age, character, environment, family relationship, motive, means and method of the crime, and the circumstances after the crime

Therefore, Defendant A’s assertion of unreasonable sentencing is justified.

B. In full view of the following circumstances: (a) Defendant B’s mistake and reply to the judgment on the assertion of unfair sentencing regarding Defendant B’s assertion of unfair sentencing; (b) Defendant B has no record of punishment in excess of the same kind of crime and fine; and (c) Defendant B’s act of commercial transport was committed once more than once; and (d) other circumstances that form the conditions for sentencing specified in the instant argument, including Defendant B’s age, character and conduct, environment, family relationship, motive, means and method of the crime; and (e) the circumstances after the crime, etc.

Therefore, Defendant B’s assertion of unreasonable sentencing is justified.

3. As the Defendants’ appeal is with merit, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the lower judgment is reversed and the judgment is rendered again as follows.

[D.] The Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence.

arrow