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(영문) 대구지방법원 서부지원 2020.01.16 2019고정233
식품위생법위반
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

The defendant is a person who operates resting restaurants in front of Daegu-gu B-gu parking lots.

Anyone who intends to run a resting restaurant business shall operate his/her business after having legitimate facilities installed in accordance with the relevant Acts and filing a report thereon with the head of the competent Si/Gun/Gu.

Nevertheless, the Defendant did not report resting restaurant business at the above location, and prepared and sold approximately KRW 50,000 per day average of 1,000 per day to many and unspecified persons with one gas burner and other kitchen equipment, etc. in the packing mar of approximately 4.95 square meters in the size of business place ( approximately 1.5 square meters) from August 23, 2018 to February 25, 2019, which is a control date, and operated resting restaurant business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation (public question) against any violator of the Food Sanitation Act, accusation book, statement of public official, confirmation document, and examination document on site of violation;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do1448, Jan. 1, 201; 201Do1144,

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