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(영문) 대구지방법원 서부지원 2017.11.28 2016고정1203

식품위생법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person who manufactures and distributes national water and spawn food in the name of "C" in Daegu Western-gu B.

On January 4, 2016, Defendant C sent the freezing number of freezings and freezing only 243 times in total, as shown in the list of crimes in attached Form between January 4, 2016 and April 29, 2016, in addition to the freezing 25 km 1 stuffs manufactured into Gangnam-gu Seoul Metropolitan Government’s factory, and the number of freezing stations and freezing storages made into E-cafeterias, in general, to a cargo vehicle.

However, when transporting freezing foods, however, it is necessary to transport freezing vehicles equipped with freezing equipment to maintain proper temperature.

Summary of Evidence

1. Statement by the defendant in court;

1. A request for food appraisal, notification of the results of legal and chemical appraisal and an appraisal report;

1. Application of the Acts and subordinate statutes to the certificate of confirmation, business registration certificate, business registration certificate, and transport place of each house;

1. Subparagraph 1 of Article 95 of the Food Sanitation Act and Article 7 (4) of the same Act concerning facts constituting an offense, the selection of a fine;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the Defendant’s reflects, the Defendant appears not to have been aware of the violation of laws and regulations until it is discovered as above, and today’s food transport is inevitable. In reality, it appears that it is difficult to find a general door-to-door company that owns the freezing and refrigerating friger, and delivers freezing food using it, and it seems difficult to find such a general door-to-door company. The circumstances, such as the circumstances that the delivery products in question were tryed to maintain temperature by using Aass and ice stuffs, etc., and it appears that the Defendant is trying to keep the adequate temperature more strictly after the discovery thereof).