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(영문) 의정부지방법원 2017.07.13 2017고정636
석유및석유대체연료사업법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Violation of the petroleum and alternative fuel business Act;

A. On April 25, 2016, the Defendant, without reporting to the competent authority, sold the petroleum sales business from December 2015 to the Defendant’s mobile oil truck (construction machinery) with 750 won per liter in a G dump truck (construction machinery) operated by F, which purchased from the D oil station located in Dongdaemun-gu Seoul on the street in front of the Southern-si, Dongdaemun-gu, Seoul, by the twit Home with the twit Home (mowinging oil vehicle) E on the street.

(b) He/she shall not sell light oil, secondary fuel oil, bio-fuel diesel, bio-carbon, solvents, lubric oil, base oil, light oil for ships, and intermediate products as fuel for automobiles under Article 2 subparagraph 1 of the Automobile Management Act and vehicles and machinery prescribed by Presidential Decree;

Defendant sold her fuel for the above construction machinery at the above time, at the same place as above, in a manner that mainly harms her oil.

2. A person who intends to install a factory, etc. in violation of the Safety Control of Hazardous Substances shall obtain permission from the competent authority having jurisdiction over the place of installation, and the same shall apply where he/she intends to modify matters prescribed by Ordinance of the Prime Minister among the locations, structures

Nevertheless, the defendant changed the storage place of the mobile tank E without obtaining the above permission of change at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. A written confirmation of collection of test samples and notification about the results of quality inspections of petroleum products;

1. On-site report (Attachment of control photographs);

1. Reports on internal investigation (specific matters concerning the F human resources of witnesses);

1. Application of each existing statute referred to in subparagraph 1 to the evidence seized under subparagraph 3;

1. Articles 47 and 10(2) (unreported Petroleum Sales) of the Act on the Punishment of Offenses and the Petroleum Substitute Fuel Business Act and alternative fuels for petroleum and petroleum.

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