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(영문) 광주지방법원 목포지원 2016.08.09 2016고정207
액화석유가스의안전관리및사업법위반등
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

1. A person who intends to establish an liquefied petroleum gas storage place in violation of the Safety Control and Business of Liquefied petroleum gas shall obtain permission from the head of a Si/Gun/Gu for each storage place;

Nevertheless, on September 5, 2015, the Defendant, without obtaining permission to store liquefied petroleum gas from the wooden market, stored but without obtaining permission to install the said storage place from around 11:00 to September 9, 2015, but without obtaining permission to install a safety valve at “D” warehouse, a food materials wholesale retail distributor operated by the Defendant in the wooden City.

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery pilot's license from the head of the relevant Si/Gun

Nevertheless, the Defendant, from June 14, 2012 to September 9, 2015, adjusted the former (BR15S-7) without obtaining a construction machinery supervisor license from the wooden market in the vicinity of the “D” road indicated in paragraph (a).

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to each on-site photographs, butane gas storage area photographs, and the photographics for the operation of the suspected person;

1. Article 68 subparagraph 1 of the relevant Act and Article 68 and Article 8 (1) of the Safety Control and Business Act (hereafter referred to as "establishment of an unauthorized liquefied petroleum gas storage place"), Article 41 subparagraph 2 of the Construction Machinery Management Act, and Article 26 (1) of the Construction Machinery Management Act (hereafter referred to as "unauthorized operation of construction machinery") concerning facts constituting an offense, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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