beta
(영문) 수원지방법원 안산지원 2016.01.29 2015고정1756

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant business without a trade name within the D fishing place operated by C, the husband of the defendant who is the husband of the defendant who is in broad tide B.

A person who intends to engage in a general restaurant business shall engage in the business after reporting to the competent authority.

Nevertheless, the Defendant did not report to the competent authority on February 16, 2014, from around 16:45 to September 16, 2015, the Defendant operated a general restaurant business which raises an average of approximately KRW 5-70,000 per day by cooking and selling various foods, such as a kimchi, to many unspecified customers who visited the business place with 45 square meters of the floor area in D fishing places located in the broad field B, and with 45 square meters of the size within the D fishing place located in the broad field B from around February 16, 2015.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 97 and 37(4) of the Food Sanitation Act concerning selective punishment, and choice of a fine (the punishment shall be determined as per the disposition, considering the fact that the husband continues to violate the Food Sanitation Act at the same place and has been issued a summary order by continuously committing a violation at the same place, and that the husband continues to violate the same kind of offense and has been controlled by an administrative agency);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.