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(영문) 광주지방법원 순천지원 2016.06.29 2015고정896
석유및석유대체연료사업법위반
Text

The defendant shall be innocent.

Reasons

1. Although a petroleum retailer, etc. was not allowed to sell petroleum and alternative fuel to less than the volume of petroleum used as the President, the Defendant operated the “C gas station”, which is a petroleum retailer registered in B at the time of leisure, and on May 30, 2015, sold less than -90ML (legal standard: 【 750ML, 0.75%) total 364L with respect to the volume of 364L.

2. According to the following circumstances revealed by the evidence adopted by the court and examined by this court, the Defendant sold petroleum below the fixed quantity.

It shall not be readily concluded.

even if less than the quantity of petroleum has been sold

In light of the fact that the Defendant appears to have fully implemented necessary measures for pre-sale, the Defendant cannot impose a charge of violating the Petroleum and Petroleum Substitute Fuel Business Act on the sole basis of the result that the Defendant’s vehicle used for the mobile delivery vehicle falls short of the pre-sale quantity.

In addition, there is no evidence to acknowledge that petroleum below the Defendant's liability is sold.

① On August 6, 2014, the Defendant: (a) had fixed-type alcoholic beverage 12, mobile-type vehicle 2, mobile-type vehicle 1). On August 6, 2014, the Defendant was determined to have passed both fixed-type and mobile-type vehicle 12, mobile-type vehicle 1.

When conducting the examination, the Korean Electric Testing Institute for Machinery has determined the passing of the instrument by conducting the maximum permissible error inspection, and has sealed the instrument, and has confirmed the electronic records, flow meters, sealing, damage, leakage, etc. at the time of the examination.

The main abandonment for which a regular certification passed means that the error of the main abandonment is within 0.5%, and the validity of the certification is 2 years or 3 years.

(2)

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