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(영문) 대구지방법원 서부지원 2016.10.28 2016고정333
액화석유가스의안전관리및사업법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who runs a liquefied petroleum gas filling business in the name of "Cactactate" after obtaining permission for a liquefied petroleum gas filling business in Daegu-gun District Court B.

A liquefied petroleum gas filling business entity shall maintain facilities for filling liquefied petroleum gas in compliance with facility standards and technical standards, install necessary facilities, such as emergency power equipment, etc., or take measures to prevent abnormal incidents, and prevent the spread of emergency situations, and emergency power shall be regularly checked the functions thereof to ensure that the use of such facilities is not impeded.

Nevertheless, around November 23, 2015, the Defendant neglected to conduct regular inspections, such as leaving the position of an emergency power generator installed in the place of the management of the Defendant, and thereby preventing the operation of the emergency power generator.

Accordingly, the Defendant, as a liquefied petroleum gas filling business entity, failed to install necessary facilities such as emergency power facilities in filling facilities or to take measures so as not to hinder the use thereof.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to notify the details of an accusation, a written statement, and the results of joint exchanges and special safety inspections of gas facilities;

1. Article 68 of the relevant Act and the Safety Control of Liquefied Petroleum Gas and Business Act regarding criminal facts and Articles 68 subparagraph 7 and 32 (1) of the same Act;

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 [Article 334(1) of the same Act provides that a person who runs a liquefied petroleum gas filling business shall regularly check the function of emergency power facilities and shall not interfere with the use of such facilities. However, as long as emergency power facilities and equipment are not operated on the date and time stated in the facts constituting a crime, the defendant who neglected to take measures, such as checking whether to discharge

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