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(영문) 수원지방법원 안산지원 2015.01.19 2014고정1855

식품위생법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant business in the name of “C” at the second floor of Si interest-si.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such acts to provide any third person at a place where food service business is conducted for profit.

Nevertheless, at around September 22, 2014, the Defendant provided approximately 136 square meters with 6 tablers and 20 tablers with the business facilities of the above business establishment and provided them with drinking alcohol to D, and provided them with drinking alcohol and drinking alcohol with drinking alcohol with D.

As a result, the Defendant violated the obligation of business operators, etc., thereby committing entertainment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The management ledger of permission (report) for food service business;

1. An investigation report (report on closure of a screen on the surface of a suspect's drinking accompanied by the suspect's drinking);

1. Application of Chapter 7-7 Acts and subordinate statutes to the closure of a screen on the surface of a letter of drinking;

1. Article 98 Subparag. 1 and Article 44(3) of the former Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the form and nature of the Defendant’s crime of violating the type of business on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is inferior, the amount of fine under the summary order (3 million won) shall be mitigated by taking into account the following: (a) the Defendant’s act of reflecting his mistake in depth and not re-feasing the same kind of mistake; and (b) the primary crime is a crime.