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(영문) 의정부지방법원 2018.10.04 2018고정1186
위험물안전관리법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. When a defendant A safety manager conducts work to handle dangerous substances, he/she shall conduct the safety control and supervision of handling dangerous substances, such as giving necessary instructions to workers on the safety control;

Nevertheless, the Defendant, who is designated as an agent for safety manager in charge of interest and safety management in the Namyang-si Co., Ltd., and acting as an agent for safety manager on February 24, 2018, was not in charge of safety management and supervision, such as designating a storage tank in attendance at the site and giving instructions for work methods in inserting 32,00 liters via hazardous substances in the underground tank of the above gas station around February 24, 2018.

As a result, 80 litress of light oil were leaked out of the storage tank with the wind that is injected into the tank 6 in part, which is not a tank with light oil.

2. Defendant B, a corporation engaged in gas station business, oil retail business, oil transport and storage business, etc., Defendant B, at the time and place specified in paragraph (1), committed a violation of the Act on the Safety Control of Hazardous Substances as described in paragraph (1) with respect to the business of the corporation, at the same time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A copy of a report in violation of fire-fighting-related statutes, the results of investigation into the occurrence of dangerous substances, statistical investigation into dangerous substances accidents, reports on occurrence of dangerous substances, field guidance and field photographs of accidents, business operators' registration certificates and certificates to be registered in full, a copy of a completion inspection completion certificate, such as a factory for dangerous substances, and a copy

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 37 Subparag. 1 and Article 15 Subparag. 6 of the Safety Control of Dangerous Substances Act; Selection of fines

(b) Defendant B: Articles 38, 37 subparag. 1, and 15 subparag. 6 of the Safety Control of Dangerous Substances Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act.

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