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(영문) 대구지방법원 김천지원 2013.06.13 2013고정176

건설기계관리법위반

Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

1. Although Defendant B is prohibited from using or operating construction machinery unless it has been registered with the competent authority, the Defendant, while serving as the executive director of a stock company A, operated six dump trucks, including chassis number D, E, F, G, H, I, and I, without being registered with the competent authority on October 5, 2012 at and near the tinsan site of the company in the Gu and its surrounding area in order to reduce the cost of repair, liability insurance, etc. < Amended by Act No. 11483, Oct. 5, 2012>

2. Defendant A is an offender established for the purpose of collecting and selling aggregate.

The above B, who is an employee of the defendant, operated six dump trucks, as above, with regard to the defendant's business at the date and place specified in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Investigation reports (with regard to attachment of business registration certificates), and application of Acts and subordinate statutes for investigation reports;

1. Defendant A Co., Ltd. for criminal facts: Articles 43, 40 subparagraph 1, and 4 (1)-B of the Construction Machinery Management Act; Articles 40 subparagraph 1 and 4 (1) of the Construction Machinery Management Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.