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The judgment below
Of those, the part as to Defendant B is reversed.
Defendant
Punishment of Company B.
Reasons
1. The summary of the grounds for appeal (e.g., a two-dimensional penalty) of the original judgment (an administrative fine of KRW 2,000,000) is too unreasonable.
2. Determination
A. The fact that Defendant A recognized Defendant A’s mistake and reflects his depth, Defendant A’s 29 bus 29 bus used in the name of Defendant B as the representative director was 45 passenger bus used by Defendant A, and Defendant A was able to take into account the fact that there were circumstances that may be considered in the course of committing a crime, considering that Defendant A was operated as a rolling stock in response to D’s active demand.
However, in full view of the following factors: Defendant A has four times of a fine, the suspension of the execution of imprisonment with prison labor has been sentenced, and the period of operation of a rolling stock is more than two years, etc., it is not recognized that the sentence of the lower court, which sentenced to a fine, is too unreasonable to the extent that the sentence of the lower court is reversed, by taking account of all the factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence, etc.
B. Of the bus 29 vehicles used in Defendant B’s name as Defendant B’s judgment on the judgment of Defendant B, 45 passenger buses used D used for the 29 vehicles were 45 passenger buses, and Defendant A was able to take into account the circumstances leading to the crime, considering the fact that there are circumstances that the vehicle was operated in response to D’s active demand, Defendant B’s representative director of Defendant B, Defendant A, and other drivers, including Defendant B, do not violate the Passenger Transport Service Act in the future; and Defendant B’s punishment against Defendant B may threaten the livelihood of drivers of Defendant B, who are lawfully operating a vehicle, due to the punishment against Defendant B, are more favorable and unfair. In full view of all other sentencing conditions, the sentence of the lower court is somewhat unreasonable.
3. Conclusion, Defendant A’s appeal is justified.