건설기계관리법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 8, 2012, the Defendant committed a violation of the Construction Machinery Management Act at the Seoul Northern District Court (Seoul Northern District Court) on the following occasions: (a) a fine of KRW 2 million; (b) a fine of KRW 2 million on June 17, 2013; and (c) a fine of KRW 3 million on January 26, 2015; and (d) a summary order of KRW 3 million on the same offense in the same court; and (b) a criminal record of the same offense is more than eight times.
A person who intends to conduct construction machinery business, such as construction machinery maintenance business, shall register with the Mayor, as prescribed by Presidential Decree.
Nevertheless, around December 9, 2015, the Defendant performed the work of dump trucking and hump dumping and exchanging Dump trucks using sp and hybrids without registering construction machinery business in the “C” operated by the Defendant of Gwangju-si.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. On-site photographs;
1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (the latest past and confirmation of the suspect);
1. Article 40 of the relevant Act concerning facts constituting an offense and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act;
1. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution is as follows: (a) the Defendant, as well as the Defendant’s prior criminal records and repeated crimes committed in the same kind of crime and repeated crimes; (b) however, there is no criminal record of a fine or more; and (c) the Defendant’s age, sex, family, family relationship, family environment, motive and means of the crime, and circumstances after the crime, were determined as ordered by the sentence.