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(영문) 대전지방법원천안지원 2020.10.07 2020고정309
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 engages in food service business under the trade name of “C” in Seoan-gu, Seoan City.

Any person who intends to run a food entertainment business shall obtain permission from the competent authority for each type of business or each place of business, as prescribed by Presidential Decree.

From May 3, 2016 to September 8, 2019, the Defendant, without obtaining permission from the competent authority, provided one automatic reflector, two video devices for captioning, and two microphones, at the place of business with approximately 63 square meters from around May 3, 2016 to the said place, and operated a dysing bar business without permission, which sells alcohol and alcohol to many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the contents of currency of the hygiene guidance team of the Seo-gu Office);

1. Reporting on occurrence (violation of the Food Sanitation Act) and application of statutes governing field photographs;

1. The phrase “Article 94 subparag. 3 of the Food Sanitation Act” as stated in the pertinent Article of the Act on Criminal facts and the written indictment for the selection of punishment pursuant to Article 94(1)3 of the Food Sanitation Act is a clerical error.

Articles 37(1) and 36(1)3 (Selection of Fine)

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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