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(영문) 의정부지방법원 2015.08.27 2015고정1466

건설기계관리법위반

Text

1. The Defendants shall be punished by a fine of KRW 400,000.

2. Where Defendant A does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

1. On January 19, 2015, Defendant A, without obtaining a construction machinery operator’s license, operated B excavation search devices in order to remove snow accumulated in front of the road 774-14 (Wearing) with the same Doducheon-si, Doducheon-ro, 2015.

2. Defendant 1, an employee, committed a violation in relation to his duties, such as the foregoing paragraph, at the time and place, at the time and place, Defendant A, who is an employee thereof.

Summary of Evidence

1. Defendants’ respective legal statements

1. Construction machinery registration certificate;

1. Application of statutes on field photographs;

1. Defendant A of the pertinent legal provision on criminal facts: Article 41 subparag. 2 of the Construction Machinery Management Act, and Article 26(1) (Selection of Fines): The United Nations loan mileage Co., Ltd.: Articles 43, 41 subparag. 2, and 26(1) of the Construction Machinery Management Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants asserted that the instant act constituted an act that does not violate social rules or other grounds for excluding illegality, since it is minor and inevitable to see the snow accumulated at the front end of the previous company, and thus, the instant act constitutes grounds for excluding illegality.

In light of the degree of snow accumulated at the time when it is acknowledged by the evidence of the judgment, it cannot be deemed that there was no other method to dump the snow other than the operation of dump season, and therefore, it is difficult to view the operation of dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump

The Defendants’ assertion is not accepted.