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(영문) 대구지방법원 서부지원 2017.03.31 2016고단2461
건설기계관리법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is engaged in the automobile maintenance business under the trade name “D” in the Gyeong-gun, Seongbuk-gun, and was engaged in the construction machinery maintenance business without registering with the head of Si/Gun/Gu, and around September 22, 2016, the Defendant, at around around September 12, 2016, maintained E concrete mixtures trucks, which are construction machinery, under the aforementioned “D” and received KRW 100,000 as repair expenses, and operated the construction machinery maintenance business by maintaining the monthly average of 4-5 construction machinery from May 28, 2014 to that time, and by importing the amount of KRW 70,000 per month.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of accusation books, field photographs, business registration certificates and statutes;

1. Article 40 subparagraph 4 of the Construction Machinery Management Act and Article 21 (1) of the same Act concerning facts constituting an offense, and selection of imprisonment;

1. Taking account of the fact that the instant crime was committed in spite of the fact that there was a history of having been punished several times for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, on the other hand, the Defendant’s violation of the crime, and the fact that the gains acquired by the instant crime do not seem to be high

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