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(영문) 창원지방법원 2017.12.15 2017고단3274

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

Petroleum refining business operators, etc. shall not sell or deliver petroleum products that fail to meet the quality standards, or store, transport or keep them for the purpose of sale or delivery.

However, around July 10, 2017, the Defendant kept at D's gas station operated by the Defendant in Kimhae-si, for the purpose of sale of gasoline 11D/M (as approximately approximately 2,200 liters) for automobiles, the steam voltage of which violates the Standard of 37.8°C, kPa (44~60) is 63.

Summary of Evidence

1. Statement by the defendant in court;

1. Forwarding the results of quality inspections of petroleum products;

1. Application of Acts and subordinate statutes on inventory;

1. Article 45 of the Act applicable to the facts constituting an offense and Article 45 of the Act on the Selection of Petroleum and Punishment as well as Articles 45 subparagraph 5 and 27 of the Petroleum Substitute Fuel Business Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (hereinafter “the Act”) of the Act on the Custody in the Nowon-gu Station: (a) the Defendant repented his mistake in depth; (b) there are circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; and (c) the method and result of the instant crime; (d) the circumstances after the commission of the crime; (b) the Defendant’s age, sexual conduct, intelligence, environment, criminal record relation, and various conditions of sentencing as shown in the records and arguments, including the circumstances after the commission of the crime; and (c)