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(영문) 대구지방법원 2008.4.24.선고 2008고정780 판결
가.액화석유가스의안전관리및사업법위반나.고압가스안전관리법위반
Cases

(a) Violation of the Safety Control and Business of Liquefied Petroleum Gas Act, 208 fixed 780

(b) High-Pressure Gas Regulation Violation;

Defendant

00C1.Gas Sales

Sinsan-si, Hayang-gu, Hamyang-gu

Reference domicile Daegu Dong-gu

Prosecutor

Escopia

Imposition of Judgment

April 24, 2008

Text

Defendant shall be punished by a fine of KRW 1,000,000. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting the amount of KRW 50,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

The Defendant is a liquefied petroleum gas dealer who sells liquefied petroleum gas (LPG) under the trade name from * to 00 gas.

1. A liquefied petroleum gas dealer who violates the Safety Control and Business of Liquefied Petroleum Gas Act shall separate charging containers and residual gas containers and store them in the container storage room, except where they are transported by orders of consumers;

그럼에도 불구하고 피고인은 2007. 11. 26. 23:32경부터 2007. 11. 27. 06:00경 까지 대구 동구 지저동 663-2에 있는 월성 공항 하이츠 앞 노상에서 대구 80거QQ호 화물차에 LPG 충전용기 13개를 적재한 채 용기 보관실이 아닌 도로에 주차하여 위 기술기준 준수의무를 위반하였다.

2. When a person who transports high-pressure gas violating the High-pressure Gas Safety Control Act intends to park a charging container on board and transport it on the vehicle, he/she shall avoid the vicinity of the protection facilities, such as a house, and park it at a safe place in consideration of such matters as a fire, except when loading or unloading the charging container on the vehicle; and

Nevertheless, at the time and place specified in Paragraph 1, the Defendant parked the above cargo loaded with 13 LPG charging containers with high pressure in violation of the above duty, in an empty space.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by KimO;

1. Each photograph;

Application of Statutes

1. Article applicable to criminal facts;

Articles 48 subparag. 3 and 13(1) of the Safety Control and Business of Liquefied Petroleum Gas Act, Article 42 subparag. 2 and Article 22(1) of the High-Pressure Gas Safety Control Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act.

Judges

Judges Sung00

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