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(영문) 대전지방법원 2015.02.11 2014고정1309
석유및석유대체연료사업법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D gas station” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

No one shall manufacture, import, store, transport, keep or sell fake petroleum products.

Nevertheless, around January 27, 2014, the Defendant kept the 400 liter of fake petroleum mixed with light oil and oil in the tank for oil owned by the Defendant, which was parked in the above D's parking lot, at the rate of 9:1.

Summary of Evidence

1. The defendant's partial statement in the court (the defendant recognized objective facts that combine light oil with light oil, but argued to the effect that there was no intention to combine it, but in light of the fact that the mixed ratio is considerable, and that the mechanical structure is the structure with which certain parts of the mechanical structure are bound to be mixed, the defendant is also deemed to have sufficiently recognized, the defendant's willful negligence is recognized);

1. Legal statement of witness F and G in part;

1. Police suspect interrogation protocol of the accused;

1. Application of both the written accusation and all documents-related Acts and subordinate statutes;

1. Relevant Article 44 of the Act on the Punishment of Offenses and Articles 44 subparagraph 3 and 29 (1) 1 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The meaning of suspended sentence: A system which suspends the sentence of a minor crime for a specified period and is deemed to be acquitted after the specified period has elapsed;

Effect of suspension of sentence: it shall be considered to be acquitted after two years have elapsed from the date of receiving the suspension of sentence (Article 60 of the Criminal Act). Lapse of the suspension of sentence: The suspended sentence shall be imposed when a person who receives the suspension of sentence becomes subject to a judgment of suspension of qualifications or more severe punishment, or when

(Article 61 of the Criminal Act). There is no criminal history prior to Article 59(1) of the Criminal Act, and this case is the case.

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