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(영문) 창원지방법원 통영지원 2018.08.06 2018고정196
고압가스안전관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2018 High Court Decision 196] The Defendant is a person who has obtained permission for a high-pressure gas sales business under the trade name “C” from macro-si B.

A high-pressure gas dealer shall install a container storage room and an office in one site, and shall separate shock equipment, residual gas containers, inflammable gas, and oxygen containers in the container storage room, respectively.

Nevertheless, on July 19, 2017, the Defendant stored 19 oxygen containers, ethylene containers, 1 nitrogen containers, and 3 carbon gas containers in a building located in Si-si D, other than the above permitted place of business.

[2018 High 241] The Defendant is a person who operates C, and the place where the Defendant has been permitted to store liquefied petroleum gas containers is macro-si B.

A business operator who has acquired sales of liquefied petroleum gas provides that LPG containers shall be stored in the container storage room by classifying shock and residual gas containers in the container storage room, which is a place for permission, according to facility standards and technical standards.

Nevertheless, on July 19, 2017, the Defendant stored LPG containers in E at the macroscop time, which is a place without permission.

Summary of Evidence

[2018 High Court Decision 196]

1. Partial statement of the defendant;

1. The written accusation and the statement of F;

1. On-site photographs;

1. License certificate for high-pressure gas sales business;

1. Each investigation report (2018 high court 241);

1. Statement by the defendant in court;

1. The written accusation and the statement of F;

1. On-site photographs;

1. Application of photographic Acts and subordinate statutes to permits for liquefied petroleum gas sales business;

1. Article 40 Subparag. 3, Article 13(1), and Article 4(4) of the former High-Pressure Gas Safety Control Act (Amended by Act No. 15505, Mar. 20, 2018); Articles 68 Subparag. 7 and 32(1) of the Safety Control of Liquefied Petroleum Gas and Business Act; Articles 68 Subparag. 7 and 32(1) of the Safety Control of Liquefied Petroleum Gas and Business Act; the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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