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(영문) 서울동부지방법원 2016.08.25 2016고단1795

건설기계관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to conduct construction machinery business, such as construction machinery maintenance business, shall register with the head of a Si/Gun/Gu for each type of business, as prescribed by Presidential Decree.

Nevertheless, at around 11:30 on March 17, 2016, Defendant 1 did not register construction machinery maintenance business with the head of Songpa-gu, and maintained a maintenance work to exchange string pumps, which is a steering device of E concrete mixtures truck (the called 'defix'), which is a construction machinery, at the front of the D periodical site located in Songpa-gu Seoul Metropolitan Government, Songpa-gu.

Accordingly, the defendant was engaged in construction machinery maintenance business without being registered with the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the charge book, written statement of accusation, each photograph, and written confirmation;

1. Article 40 of the relevant Act on criminal facts and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act (Optional to punishment);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse is that the Defendant, without registration, engaged in construction machinery maintenance business and again committed the instant crime despite the fact that he/she had been punished several times.

However, the fact that the defendant reflects the crime, the age, occupation, sex, environment, motive for the crime, means and result of the crime, etc., as well as the various conditions of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined by the text.