beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant loaded gas containers on a transportation vehicle to immediately deliver orders due to noise problems, etc. that occur when gas containers are moved in 24 hours of gas supply service. Therefore, the Defendant’s act is in accordance with the Enforcement Rule of the Safety Control and Business Act of Liquefied Petroleum Gas (hereinafter “Sized Petroleum Gas Act”) [Attachment 6].
1.(b)(a) It is not subject to punishment because it constitutes a situation corresponding to “in the case of transport in compliance with a supplier’s order” defined in cases where the container storage room is not required to be stored.
B. The sentence of the lower court (an amount of KRW 1.4 million) that is unfair in sentencing is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of legal principles, the laws, the Enforcement Decree of the same Act, and the Enforcement Rule are enacted to prevent gas accidents as a result of the rapid increase in consumption and diversification of use of inflammable petroleum gas, and to ensure public safety. The provisions of the Enforcement Rule stipulate in detail the facility standards, grounds for disqualification, etc. for permission while setting the liquefied petroleum gas sales business as the matters requiring permission, and the operator of the licensed business shall maintain sales facilities, business facilities, and storage facilities in compliance with facility standards and technical standards even in the course of operating the place of business.
According to the Enforcement Rule of the Liquefied Petroleum Gas Act (Attached Table 6), the storage room of liquefied petroleum gas shall take appropriate measures to prevent the leakage of gas from being flown between the storage room of the container and the place where fire is handled from outside the container to the place where fire is handled, or between the container storage room and the place where fire is handled, and the leakage of gas from the container storage room shall not be flown into the gas office.