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(영문) 대구지방법원 영덕지원 2017.03.10 2016고정72
건설기계관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

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

Nevertheless, at around 10:00 on February 25, 2016, the Defendant, without registration, conducted construction machinery maintenance business in a manner of attaching additional pipes to the steel framed structure installed on the instant dump truck with the equipment melting devices, at the request of F, the owner of E 15 tons dump truck.

Summary of Evidence

Defendant in a protocol of interrogation of a police suspect against some of Defendant’s legal statements, F’s statement to the Defendant, detection and reporting of suspected charge of violating the Construction Machinery Management Act, registration register of construction machinery, internal investigation report of a copy of business registration certificate (as to the situation of dispatch to the site and attachment of a photo) and attached data on the criminal facts subject to the applicable Acts and subordinate statutes and Articles 40 subparag. 4 and 21 of the Act on the Management of Construction Machinery, etc. under the Act and Articles 70 subparag. 1 and 334 subparag. 1 of the Criminal Procedure Act concerning the custody of a prison of a prison of the relevant law and Articles 69(2) of the Act on the Provisional Payment Order under the Construction Machinery Management Act [the Defendant’s act does not constitute construction machinery maintenance business under the Construction Machinery Management Act].

However, according to the evidence duly adopted and examined by this court, the following circumstances are recognized.

① The F stated at the police that “a dump truck was put into control during work by requesting the Defendant to install a rail dump truck’s illegal steel structure in addition to a rail dump structure.”

② The Defendant also stated in the police that “the Defendant was unable to receive money from the F after receiving a request for additional installation of a rail rail,” and that “the Defendant did not receive money from the wind discovered in the course of any contact work to additionally attach a pipe.”

(3) Construction machinery for which the defendant receives the price and dump trucks installed additional rail sump trucks on steel structure, which is construction machinery, are installed.

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