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(영문) 대전지방법원 2016.05.11 2016고단375
건설기계관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates C in Daejeon Dong-gu B.

A person who intends to operate construction machinery business is registered with the head of a Si/Gun/Gu for each type of business, as prescribed by Presidential Decree, but the defendant did not register with the relevant administrative agency, and around November 6, 2015, he/she conducted construction machinery maintenance business by adjoining the body of the vehicle, such as cargo loading boxes of D dump vehicles registered as construction machinery within the above industrial company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the grounds of accusation and photographs of detection;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of enforcement officers);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 of the Act on the Suspension of Execution of Construction Machinery Maintenance Business, which is punished by a fine on at least seven occasions while running construction machinery maintenance business without registration, but Article 62 (1) of the Act on the Suspension of Execution of Construction Machinery Maintenance Business and the suspension of construction machinery maintenance business on or around April 8, 2016 and does not repeat again

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