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대구지방법원 2013.06.27 2013고정555
식품위생법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, with permission for an entertainment drinking house from the Simsan City, operated an entertainment drinking house under the trade name “D” in the Simsan City, and received an order for suspension of business from August 20, 2012 to December 26, 2012.

Nevertheless, around December 23, 2012, the Defendant continued to operate a business in violation of a business suspension order by selling alcoholic beverages of an amount equivalent to KRW 450,00,00,00, including ju and jun, to E (Nam and 25 years of age) around December 23, 2012 during the business suspension period.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A statement of F and G;

1. Notification of administrative dispositions taken by business entities violating the Food Sanitation Act;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 95 subparagraph 5 and 75 (1) of the Food Sanitation Act which choose a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.