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

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 the "Criju station" in the Priju City B.

From December 26, 2018 to February 18, 2019, the Defendant, in the above gas station, conducted a business of gasing in a state of stopping on an adjacent road against the vehicle that found the above gas station without obtaining permission from the competent authority for change of the size and location of the site of the gas station, and changed the factory without permission for change.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 36 of the Act on the Safety Control of Dangerous Substances, the latter part of Article 6 (1) of the Act on the Safety Control of Dangerous Substances and the selection of fines for criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s conviction and sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act are deemed to have already been made prior to the purchase of the gas station in the auction procedure, but the act of changing the location and area of the gas station site without permission is deemed to have been a continuous crime (see, e.g., Supreme Court Decision 2013Do2630, Jun. 27, 2013). As long as it is recognized that the Defendant continued to conduct business without permission while maintaining the previous status after purchase, the act of violating the Act on the Safety Control of Hazardous Substances is established.

However, it is against the defendant's recognition of the crime, and it is judged that the degree of risk for the management of dangerous substances is not significant in light of the location and method of use of the area in question in this case after prosecution, to erase the display line of the area in question and suspend the use of the area in question, and currently, to operate the gas station business within the scope of the legally permitted area and location, the defendant continued to pay the occupation fee to the local self-government organization (road) which is the owner after obtaining permission for occupation and use from the previous.