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(영문) 춘천지방법원 원주지원 2016.11.08 2016고정286
건설기계관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

The defendant is a person who operates a construction machinery maintenance business in the original city B while running the construction machinery maintenance business.

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

Nevertheless, at around 15:20 on May 17, 2016, the Defendant, without registering construction machinery maintenance business, received KRW 50,000 from a person who is unable to know the name requested to repair the excavation season at the above C place of business at the above C place of business at around 15:20, and used it to repair the Tracker, which is a construction machinery.

Accordingly, the defendant provided unregistered construction machinery maintenance business.

(1) The defendant asserts that the construction machinery maintenance business may not be registered. However, Article 2 (1) 4 of the Construction Machinery Management Act defines construction machinery maintenance business as "any act for the smooth use of construction machinery, such as dismantling, assembling or repairing construction machinery, and processing, manufacturing, and replacing its parts," and it is a maintenance business which must be registered in accordance with the Construction Machinery Management Act, since it is a repair business for the smooth use of a cater, which is a construction machinery. Therefore, the defendant's assertion on this part is not accepted).

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on control field photographing photographs;

1. Relevant Article 40 of the Construction Machinery Management Act, and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act, the selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant, who had been punished twice as the same kind of crime, has again reached the instant crime.

However, the money received in return for the crime.

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