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(영문) 춘천지방법원 강릉지원 2015.08.11 2015고단643
건설기계관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Where an owner of construction machinery intends to change the major structure of the construction machinery, he/she shall undergo an inspection conducted by the Minister of Land, Infrastructure and Transport.

Around November 2014, the Defendant did not undergo a structural change test, even though there was a change in the main structure of B25.5 tons of dump truck, which was owned by the Defendant, by installing an automatic cover (a 520 cm, vertical 80 cm) and using it as an auxiliary wall at the vicinity of the East Sea.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection and photographs;

1. Application of Acts and subordinate statutes to a investigation report (verification as to whether an automatic cover covering has been modified);

1. Subparagraph 2 of Article 42 and Article 13 (1) 3 of the Construction Machinery Management Act concerning criminal facts;

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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