과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From around 192, the Plaintiff is operating a gas station with the trade name of “C gas station” on the ground (hereinafter “instant gas station”).
B. On July 23, 2015, the Chungcheong Headquarters confirmed on the instant gas station that: (a) one mobile-sale vehicle (D, E, hereinafter “the instant mobile-sale vehicle”) and one mobile-sale vehicle (F, G) that mainly accommodates the transit of automobiles; and (b) one mobile-sale vehicle that mainly sells petroleum products distribution inspection (hereinafter “the instant inspection”); (c) as a result, the fact that the instant mobile-sale vehicle falls short of the permissible range (100 liters standards, ± 750 mp), exceeding the permissible range (10 mpons, -1,250 mpon); (d) the fact that the instant mobile-sale vehicle falls short of the permissible range (100 mpons, -250 mpons, -250 mpon)
(hereinafter referred to as “the result of this case’s inspection. The main abandonment of another one is 450 litlle per 100 litlle.
On July 24, 2015, the Chungcheong Headquarters notified the Defendant of the result of the instant inspection, and the Defendant issued a penalty surcharge of KRW 20 million to the Plaintiff on February 25, 2016 on the grounds of violation of Article 39(1)2 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, and 4 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. As a result of the Plaintiff’s inspection, the Plaintiff’s assertion 1 found that the Plaintiff’s alcoholic beverage fell short of the maximum permissible limit of usage, but this was caused by frequent movement of the senspited products produced in 1999 and exposed to shock caused by the instant mobile vehicle. Therefore, electronic control devices are broken down. As such, a person who has no expertise or technology, such as the Plaintiff, has no expertise or technology, for about three months prior to the Plaintiff.