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(영문) 서울동부지방법원 2014.11.14 2014고정1733

건설기계관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to operate construction machinery business shall register with the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, at around 16:00 on June 2, 2014, the Defendant, without registering construction machinery maintenance business to the head of Songpa-gu, performed maintenance work with the chain drum drums of D concrete mixing trucks, which are construction machinery, at the “C” workplace located in Songpa-gu Seoul Metropolitan Government, and received KRW 20,000,00 and received KRW 20,00.

Accordingly, the defendant did construction machinery maintenance business without being registered with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. On-site pictures and details of guidance on illegal maintenance activities;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 40 of the Construction Machinery Management Act, and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act, the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;