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(영문) 수원지방법원 안산지원 2018.09.27 2018고단2520
건설기계관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a maintenance center with the trade name of “E” in Silung-si D.

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

Nevertheless, on June 26, 2018, the Defendant maintained the 25 tons dump truck driver's dump truck, which is a construction machine, without being registered with the competent authorities, by receiving 275,000 won and exchanging the two dump truck's dump driver's dump.

Accordingly, the defendant did construction machinery business without being registered with the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on credit card sales slips;

1. Relevant legal provisions concerning facts constituting an offense and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act (to be punished by imprisonment with prison labor in consideration of the same kind of power);

1. Article 62 (1) of the Criminal Act on the suspension of execution (a favorable consideration, such as the fact that the workplace is half the one, and that the workplace is closed and the workplace does not repeat again, etc.);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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