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(영문) 울산지방법원 2018.07.20 2018노436
화물자동차운수사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to KRW 400,000) is too unreasonable.

2. The sentencing factors that can be taken into account to the Defendant, including the fact that the Defendant had an attitude to reflect his mistake, that there was no special criminal record except for a person subject to a fine on one occasion due to drinking driving in 2011. The act of running a transport business using a private truck, like the instant crime, harms the rights and interests of a transport service provider and disturbs the transport market order. The lower court, taking into account the favorable circumstances as above, imposed a fine more severe than that of the summary order, taking into account the Defendant’s age, sex, family environment, motive and background of the crime, the means and consequence of the crime, and other various sentencing conditions as shown in the instant argument, such as the circumstance before and after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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. It is so decided as per Disposition.

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