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(영문) 수원지방법원 안양지원 2015.04.16 2014고정1191
액화석유가스의안전관리및사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who sells liquefied petroleum gas under the trade name of “D” in Ansan-gu Mayang-si C.

A liquefied petroleum gas dealer shall separate charging containers and residual gas containers and store them in a container storage room, except where they are transported by a consumer's order in accordance with the technical standards for the sales facilities of liquefied petroleum gas, but the following day from June 30, 2014 to the container storage room.

7. 1. up to 02:27, the truck parked on the front side of the D having violated the technical standards for liquefied petroleum gas sales facilities by loading and keeping four residual gas containers on the truck.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Public interest report;

1. Evidence photographs;

1. Application of Acts and subordinate statutes to a report on investigation (in regard to a suspect's appeal);

1. Article 48 of the relevant Act and the Safety Control of Liquefied Petroleum Gas and Business Act regarding criminal facts and Articles 48 subparagraph 3 and 13 (1) of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. However, the defendant's cargo loaded with the cargo as stated in the criminal facts in the judgment of the court below, but the defendant's container is not the residual gas container, but the container is not subject to the safety control and business of liquefied

According to Article 2 (1) of the Enforcement Rule of the Safety Control and Business of Liquefied Petroleum Gas Act, “pact-only aircraft” means a container in a state in which one half or more of the amount of liquefied petroleum gas filling is filled (subparagraph 6), and “persistent gas container” means a container in a state in which the amount of liquefied petroleum gas filling is filled by less than one half of the amount of liquefied petroleum gas filling. Accordingly, the containers subject to the Safety Control and Business of Liquefied Petroleum Gas Act are divided into the amount of filling, so even if the Defendant loaded on the cargo vehicle.

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