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(영문) 대전지방법원 천안지원 2018.07.03 2018고정278

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

To the extent that it does not infringe on the defendant's right of defense, part of the facts charged was revised in accordance with the applicable law.

The Defendant is a representative and operator of the “C Multilater” in Asan City B.

No business operator of a resting restaurant shall allow customers to drink alcohol.

Nevertheless, from June 2017 to August 16, 2017, the date of the first detection, the Defendant reported a restaurant business that is unable to provide alcoholic beverages in the above C Multilater, and sold to many unspecified customers an average of KRW 7 to 80,00 per day after receiving KRW 3,00 per week, and KRW 4,00 per day until December 6, 2017, which is the date of continuous detection.

Accordingly, the defendant, as a resting restaurant business operator, allowed drinking to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to accusation against business conduct of unreported food entertainment business, the details of detection, certificates of violation, inspection photographs, official notices requesting accusation, business registration certificates, copies of business places, and copies of business places;

1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 6 of the Food Sanitation Act and Article 48 (1) 8 (including inclusive) of the same Act, and selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has recognized and reflected his mistake.

However, on August 16, 2017, the Defendant committed another crime on December 6, 2017 again on the following grounds: (a) it was discovered once due to the Defendant’s act of allowing drinking in a restaurant; and (b) it has been again committed on December 6, 2017.

Therefore, in this case where the above two cases are reviewed together, it is necessary to increase the amount of fine more than the amount of fine (500,000 won) under the summary order issued when only one time is discovered.

In addition to this, the defendant's age, sex, environment, circumstances of crime, and circumstances revealed in the trial process shall be determined as follows.