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(영문) 창원지방법원 마산지원 2020.06.12 2020고정68
액화석유가스의안전관리및사업법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who sells liquefied petroleum gas under the trade name of “C” in Haak-gun B.

A liquefied petroleum gas dealer shall always maintain filling containers at least 40·C in keeping liquefied petroleum gas containers, and shall separate filling containers and residual gas containers and keep them in the permitted container storage room, except where they are transported by order from consumers.

Nevertheless, on September 30, 2019, the Defendant did not store the container in the container storage room permitted from around 21:40 to October 1, 201:33, and did not leave the container in the condition where 20 km gas tank (E) was loaded on the container transport vehicle in the vicinity of the Changwon-si, Changwon-si, Changwon District, a place where permission was not granted.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the charge book, a written statement of the F production, relevant photographs, investigation reports (Presentation of Materials - Revisions by the charge);

1. Article 68 Subparag. 7 of the relevant Act and Articles 68 and 32(1) of the Safety Control and Business of Liquefied Petroleum Gas Act (Amended by Act No. 16477, Aug. 20, 2019); the selection of fines for criminal facts;

1. Articles 70 (1) 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.

Considering the reason for sentencing (a statutory penalty of not more than one year, a fine of not more than ten million won), and all of the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, it is judged that the original summary order is not more severe than the penalty prescribed.

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