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(영문) 대구지방법원 서부지원 2017.11.28 2017고단950
건설기계관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to operate construction machinery business shall register with the competent authority for each type of business, as prescribed by Presidential Decree.

Nevertheless, on February 25, 2017, the Defendant maintained D D dump truck’s printing exchange, etc. without registering construction machinery maintenance business, in the “C” operated by the Defendant in Daegu-gu Office B, Daegu-gu, and without registering construction machinery maintenance business.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes governing the accusation, on-site photographs, the register of construction machinery, and the list of construction machinery specifications;

1. Article 40 subparagraph 4 of the Construction Machinery Management Act and Article 21 (1) of the same Act concerning facts constituting an offense, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the defendant is in his depth and that the defendant does not operate the repair business any longer, and that he/she has a firm showing that he/she will not repeat by converting his/her occupation into the cargo transport business, and that he/she has no criminal history of punishment exceeding the fine);

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