A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to operate construction machinery maintenance business for the smooth use of construction machinery, such as disassembly, assembling or repairing construction machinery and the process, manufacture and replacement of its parts, shall meet facility standards and register with the Mayor/Do governor.

Nevertheless, on May 3, 2012, the Defendant, without registering, replaced the buffer system, which is a part of D construction machinery, within the C industrial company operated by the Defendant, which is a part of D construction machinery, to operate construction machinery maintenance business.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to photographs and details of guidance on illegal maintenance activities;

1. Article 40 subparagraph 4 of the Construction Machinery Management Act and Article 21 of the same Act on criminal facts.

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., of the same kind of act, the Defendant continues to repeat the same type of crime even though he/she had been punished five times through the same act. Thus, the Defendant selected a sentence of imprisonment, and issued a social service order by taking account of the following: (a) the Defendant had no record of being sentenced to a suspended sentence or higher; (b) the Defendant was involved in illegal maintenance; (c) there was no other problem; and (d) the Defendant did not go against the mistake