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(영문) 춘천지방법원 영월지원 2014.12.12 2014고정160

체육시설의설치ㆍ이용에관한법률위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the “B” corporation, a motor racing track located in Thai City C.

Each sports facility business entity shall observe safety and hygiene standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as placement of safety management personnel, water quality management and provision of protective equipment, so that users can use sports facilities safely and conveniently. In particular, at least one medical doctor, nurse, or emergency medical technician under the Medical Service Act during the racing period, and at least one nurse or emergency medical technician during the other operation period.

Nevertheless, on July 12, 2014, the defendant operated the above sports facilities by 16 members of the same group, such as D, at the above B racing track, without placing nurses or emergency medical technicians, while using the above sports facilities.

2. The Defendant, a representative director of the Defendant, committed the above violation with respect to the business of the Defendant A.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement to E by the police;

1. Application of business registration certificate, copy of corporate register;

1. Defendant A: Article 38 (2) 2 and Article 24 (1) of the Installation and Utilization of Sports Facilities Act; Defendant B who selects a fine: Articles 39, 38 (2) 2 and 24 (1) of the Installation and Utilization of Sports Facilities Act; Selection of a fine; Articles 39, 38 (2) 2 and 24 (1) of the Installation and Utilization of Sports Facilities Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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