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(영문) 부산지방법원 2016.08.11 2016고정2242
승강기시설안전관리법위반
Text

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

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

Reasons

Punishment of the crime

The managing body of an elevator shall not operate an elevator which has failed to undergo or pass an inspection, and shall pass the relevant inspection in order to operate the elevator.

The Defendant, who managed the elevator installed in Busan-gu C building, failed to pass a regular inspection on September 8, 2015, but operated the above elevator around December 9, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to know (C) an order to notify an elevator that has failed to pass an inspection on the daily system of an elevator for illegal operation in 2015, a notice of the implementation thereof, a field photograph, an order to suspend the operation of the elevator (C building), a civil petition response, a certificate of performance at the time of an inspection, a detailed statement of the failure, a written inspection records, a written inspection records, an E-mail details, and an order to suspend the operation of

1. Article 25 of the relevant Act on criminal facts and Articles 25 subparagraph 5 and 13 (2) of the Safety Control of Elevator Facilities for which punishment is selected;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order was rejected on September 8, 2015 due to lack of installation of the emergency telephone on the elevator installed in the instant building. However, the defendant asserted that there was no criminal intent against the violation of the Installation and Management of Elevator Facilities Act since he immediately installed the emergency telephone and immediately notified it to the Gu office, and operated the elevator after operating the elevator.

However, according to the evidence adopted earlier, the Defendant was notified of the failure in the regular inspection on September 8, 2015 on the elevator installed in the instant building on the ground that the supply system of spare power units was not confirmed and an emergency call device was not installed, but did not undergo a regular inspection on December 9, 2015.

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