beta
(영문) 광주지방법원 순천지원 2019.03.22 2018고단1274

건설산업기본법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

"2018 Highest 1274"

1. When the registration of construction business (type B of gas facility construction business) by a stock company, which was established and operated on October 2008, was cancelled on or around January 2, 2017 due to the lack of capital, the Defendant had a gas safety control certificate and a safety education certificate issued by the president of the Korea Gas Safety Corporation. On the basis that the Defendant had a private document C’s gas safety control certificate and a certificate of safety education, which is a private document on the certification of facts issued by the president of the Korea Gas Safety Corporation, established Class B of the gas facility industry

On January 13, 2017, the Defendant filed an application for registration of D’s construction business with D’s view to drinking water viewing, which was located at the time of drinking water, and filed an application for registration of D’s construction business, without C’s permission, as if C, who completed the above gas safety management qualification and safety education, belongs to D’s employees, and denied the application.

2. No person who violates the Framework Act on the Construction Industry shall register a construction business by illegal means;

Nevertheless, the Defendant submitted a copy of gas safety management certificate and safety education certificate to the public official in charge as if he/she works as D, even though C, who actually belongs to or did not work as D’s employee, at the time and place specified in Paragraph 1, as seen above, although C, who completed gas safety management qualification and safety education, was in charge of the above, and received a construction business registration certificate from D’s employee around January 19, 2

Accordingly, the Defendant registered the construction business by illegal means.

around 00:06 on August 9, 2018, the Defendant driven an Iridi vehicle from the front road located in E in the same city at a leisure time to the H third-distance road located in G in the same city at around 300 meters from the front road in the same city, while under the influence of alcohol by 0.173%.

Summary of Evidence

"2018 Highest 1274"

1. Partial statement of the defendant;

1. Each legal statement of the witness C and J;

1. A copy of a gas safety control certificate, and a certified copy of safety education; and