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(영문) 수원지방법원 안산지원 2015.02.06 2014고단1747

건설기계관리법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a maintenance center under the mutual name of “C” in Silung-si B.

Any person who intends to operate construction machinery business shall register with the competent authority.

Nevertheless, at around 11:20 on May 22, 2014, the Defendant maintained the above maintenance center, without being registered with the competent authority, and by exchanging the posters with the slot trucks, which are the brakes of D 24 tons of construction machinery.

Accordingly, the defendant did construction machinery business without being registered with the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A E-document;

1. Application of Acts and subordinate statutes to illegal maintenance activities, guidance, site photographs, and details thereof;

1. Subparagraph 4 of Article 40 and Article 21(1) of the former Construction Machinery Management Act (Amended by Act No. 12966, Jan. 6, 2015) on criminal facts

1. Selection of alternative sentence of imprisonment (in cases where the defendant has already been punished five times or more due to a violation of the Construction Machinery Management Act, consideration shall be given to the fact that he/she again commits the instant crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects the fact that the management of construction machinery is not to be carried out in the future);