A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates “D” in Incheon City C.

1. Although a petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act was prohibited from selling petroleum, etc. as fuel for automobiles and vehicles and machinery prescribed by Presidential Decree, the Defendant sold 42.43 liter oil, such as vehicle fuel, to the driver of H dump vehicle, using G dump vehicle on July 22 and 20, 2016 at the F Middle School, located in Incheon-si E.

2. Where an owner of an automobile in violation of the Automobile Management Act intends to have tubes on the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the head of the competent Si/Gun/Gu, and he/she shall not operate it with the knowledge that it was a motor vehicle which has been installed without obtaining such approval, the Defendant installed a oil storage tank, measuring instrument, and justalized in Ga in Ga-si, Ga-si, without obtaining approval from the competent authority around May 2016, and operated the said Poter vehicle in the vicinity of F Middle School located in Y-si, Y-si on July 222, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the forwarding of the results of inspection of the quality and distribution of petroleum products and on whether order in petroleum distribution is observed;

1. Application of photographic Acts and subordinate statutes related to the violation of D prohibition of conduct;

1. Relevant legal provisions concerning facts constituting an offense, Articles 46 subparag. 10, 39(1)8 (a) of the Act on the Punishment of Automobile Management Act, Articles 81 subparag. 19 and 34(1) of the Motor Vehicle Management Act, Articles 81 subparag. 20 and 34(1) of the Motor Vehicle Management Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravated penalty determined for a violation of the Petroleum and Petroleum Substitute Fuel Business Act with the largest punishment)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is as follows.