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(영문) 수원지방법원 2017.11.09 2017고단5087
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to operate construction machinery business shall register with the head of a Si/Gun/Gu for each type of business.

Nevertheless, on April 10, 2017, the Defendant engaged in the automobile maintenance business under the trade name of “C” without being registered with the chemical Mayor from “C” in the Hysung City B, which is around 15:30 on April 10, 2017, and operated a construction machinery maintenance business for exchanging D dump trucks, which is a construction machinery, with a cost of 70,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 40 of the relevant Act concerning facts constituting an offense and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not good in light of the fact that the defendant had been punished several times for the same kind of crime, the crime of this case is committed again, considering the fact that the defendant has committed an error, there is no criminal record exceeding the fine, the repair cost of the defendant maintained is 70,000 won, and other factors such as the defendant's age, sex behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., the sentence is determined as ordered by the disposition.

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