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(영문) 대전지방법원 서산지원 2015.11.27 2015고정286
식품위생법위반
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Defendant

A shall be punished by a fine of 700,000 won, and a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Those who intend to engage in resting restaurant business shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, by type of business or

1. On April 25, 2014, from around 14:15 to July 14:15, 2015, Defendant A, without reporting to the head of Taean-Gun, provided a cooking instrument, etc. on the G cargo vehicle owned by the Defendant and sold coffee and tea to customers, and carried out sales of approximately KRW 1.50,000 won on a daily average as of the end of the week.

In this respect, the defendant did not report to the competent authorities and operated resting area business.

2. From July 5, 2015 to April 15, 2015, Defendant B, without reporting to the head of Taean Gun on the F parking lot as stated in paragraph (1) of Article 1, was equipped with a cooking instrument, etc. on the H-type cargo vehicle owned by the Defendant, and sold coffees and fruits to customers, and carried out sales of approximately KRW 1,50,000 on an average daily basis as of the end of the week.

In this respect, the defendant did not report to the competent authorities and operated resting area business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of statutes, such as site photographs;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning the applicable criminal facts, the selection of punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act is that Defendant A has a record of paying a fine of KRW 500,000 due to the same criminal record, and Defendant B has a record of paying a fine of KRW 300,000 due to the same criminal record. It is not reasonable to reduce

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