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(영문) 대구지방법원 포항지원 2019.02.13 2018고정378
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general petroleum retail shop under the trade name of "C" in South-gu, Nam-gu.

No person shall sell light oil as fuel for a vehicle, and no person shall sell dump truck fuel oil using a mobile-sale vehicle.

Nevertheless, at around 16:45 on September 17, 2018, the Defendant, using G mobile-sale vehicles in the E resting area D, in the G mobile-sale vehicle F, in which the Defendant injected 90-liter market value of KRW 80,000 in a dump truck H vehicle into a vehicle fuel.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A written accusation;

1. Application of all Acts and subordinate statutes, including a written confirmation of the collection of samples attached to them, a verification of compliance with the prohibition of acts, a photographs at the scene of illegal distribution of petroleum products, and a certificate of reporting on petroleum retail business (general retail shops) as a result of inspection

1. Article 46 subparagraph 10 of the relevant Act on Criminal Facts and Articles 39 (1) 8 (which sells dump trucks as fuel for dump trucks), Article 46 subparagraph 10 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 39 (1) 10 (which sells dump trucks using mobile-sale vehicles) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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;

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