beta
(영문) 대구지방법원 서부지원 2013.07.02 2013고단663

석유및석유대체연료사업법위반

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

On June 14, 2012, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Seo-gu District Court Branch Support on June 14, 2012, and the judgment became final and conclusive on October 6, 2012, and on May 14, 2013, the said court was sentenced to one year of suspended execution for six months as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the said judgment became final and conclusive on May 22, 201

In order to operate a general retail shop among petroleum retail business, a report shall be filed with the competent authority, and a petroleum retailer, etc. shall not sell light oil as fuel for a vehicle for transit.

Nevertheless, the Defendant did not report to the competent authority on May 14, 2013, and sold an average of 200 liters per day from May 1, 2013 to the above temporary date from May 1, 2013 to the above day, including the receipt of KRW 159,90,00 of oil, such as 130 liter, in F, a petroleum mobile-sale vehicle owned by the Defendant in front of D, a petroleum mobile-sale vehicle located in the Daegu-gu General Industrial Complex B, Daegu-gu, Daegu-gu, by using the E-O4 mobile-sale vehicle owned by the Defendant as fuel.

Accordingly, the Defendant did not report to the competent authorities, and operated a general retail shop among petroleum retail business, and sold oil as fuel for a light vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A list of checking whether order in petroleum distribution is observed;

1. A certificate to collect samples for inspection of distribution;

1. Results of the quality inspections of petroleum products;

1. Each photograph;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to inquiry reports and copies of judgments;

1. Article 46 subparagraph 10 of the relevant Act on Criminal Facts and Articles 39 (1) 7 and Articles 47 and 10 (2) of the Petroleum and Petroleum Substitute Fuel Business Act (hereafter referred to as "non-reported petroleum retail business");

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1)).