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(영문) 서울북부지방법원 2014.10.29 2014고정2121
식품위생법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A person who intends to conduct an ordinary restaurant business shall report to the competent authority by business type or place of business, and a person who intends to build, rebuild, alter, or remove structures, articles, or other facilities in a road zone, or occupy and use roads for other purposes, shall obtain permission from the road management agency.

On May 14, 2014, from around 18:00 to around 22:40 the same day, the Defendant, without filing a business report with the competent authority, installed a kitchen facility on the packing horse (a 2.5m street, 1.5m street) in front of Dongdaemun-gu Seoul, Dongdaemun-gu (a 2.5m street, 1.5m street) from May 14, 2014, and sold to customers, such as C, the Defendant, with a general restaurant of approximately KRW 35,00 in daily sales.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on voluntary reports;

1. Subparagraph 1 of Article 97 of the Food Sanitation Act applicable to criminal facts, and Article 37 (4) of the same Act, and Article 97 subparagraph 3 of the former Road Act (wholly amended by Act No. 12248, Jan. 14, 2014) and Article 38 (1) of the same Act (wholly amended by Act No. 12248, Jan. 14, 2014);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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

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