logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.12 2017고정2238
승강기시설안전관리법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who actually operates the ‘Curel' in Suwon-si B.

The managing body of an elevator shall undergo a regular inspection conducted by the Minister of National Safety for the relevant elevator, and where the Mayor/Do Governor issues an order for suspension of operation after operating an elevator which has failed to undergo a regular inspection, he/she shall not violate such order and operate the elevator.

Nevertheless, on May 12, 2017, the Defendant received an order to suspend the operation of an elevator from May 2, 2017 to the time it passed the inspection due to the lapse of the term of validity of a regular inspection on the elevator of the above cel. However, the Defendant operated the elevator without undergoing a regular inspection until June 6, 2017 from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Order to suspend the operation of elevators;

1. Application of Acts and subordinate statutes to regular inspection certificates and data on inspection status;

1. Article 25 of the relevant Act on criminal facts and Article 25 subparagraph 7 of the Safety Control of Elevator Facilities for which punishment is selected, and Article 18 (2) 1 of the same Act and selection of fines;

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

1. The sentencing grounds for the provisional payment order under Article 334(1) of the Criminal Procedure Act, comprehensively taking into account various circumstances that form the conditions for sentencing as indicated in the record, such as the fact that the Defendant has recognized his mistake, the circumstances leading to the instant crime, and the fact that there was no record of punishment for the same kind of crime, shall be determined as ordered by the Criminal Procedure Act.

arrow