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(영문) 대전지방법원 2017.10.24 2017고정1072
건설기계관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Daejeon Sung-gu C and 604, and Defendant B is the corporation.

1. A person who intends to operate Defendant A construction machinery shall obtain a construction machinery pilot's license from the head of the competent Si/Gun/Gu;

Nevertheless, on April 28, 2017, the defendant, without a construction machinery operator's license, operated a construction machinery construction machinery construction machine's f5 tons at the site of E business construction work located in Sejong-si around Sejong-si.

2. Defendant B, at the location of the above 1.1. location, Defendant B, the representative of the Defendant, violated the above 1. Paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against the defendant, G, or H;

1. Domestic investigation reports, reports on occurrence of crimes, and application of the Acts and subordinate statutes governing the place of criminal;

1. Article 41 subparagraph 2 of the Construction Machinery Management Act and the main sentence of Article 26 (1) (excluding punishment) of the Act on the Management of Construction Machinery: Defendant B: Articles 43 and 41 subparagraph 2 of the Construction Machinery Management Act and the main sentence of Article 26 (1);

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (Defendant A);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of each Criminal Procedure Act are recognized to be erroneous, and the fact that there is no past record of a fine not less than four times is advantageous, or the fact that the criminal liability is not somewhat weak, such as compliance with the laws and regulations or safety awareness by operating construction machinery without a license, and other factors on sentencing as indicated in the records, shall be determined by comprehensively taking into account the following factors:

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