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(영문) 의정부지방법원 2013.05.28 2013고단728

석유및석유대체연료사업법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 28, 2013, the Defendant: (a) around 17:30 on January 28, 2013, the petroleum retailer was prohibited from selling petroleum as fuel for automobiles; and (b) on January 28, 2013, the Defendant, using Bump truck vehicles in front of the sports site located in the Namyang-dong 730-2 located in the Namyang-dong, the Defendant sold 85 liter truck as fuel for automobiles and sold lue oil in excess of KRW 119,00 and damaged the sound distribution order of petroleum.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (report on the details of telephone conversations with the staff-in-charge and attaching control photographs);

1. Article 46 of the relevant Act on criminal facts, subparagraph 10 of Article 46 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 39 (1) 7 of the Petroleum and Petroleum Substitute Fuel Business Act (the fact that the person sells light oil as vehicle fuel), Article 46 subparagraph 10 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 39 (1) 8 of the Act (the fact that the person undermines the sound distribution order of petroleum and petroleum substitute fuel in violation of the business methods by petroleum retail

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order commits the instant crime without being familiar with the Defendant during the period of suspension of execution, even though the Defendant was placed prior to the same type of crime, and the instant crime that sold lue oil as fuel of a vehicle can not be ensured the safety of vehicle operation by reducing the vehicle’s structural and functional ability, and there is a need to strictly prohibit the Defendant from causing air pollution caused by the exhaust gas and undermining the order of petroleum distribution.

However, the amount of light oil sold by the defendant is relatively low.