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(영문) 부산지방법원 2013.07.04 2013고정2418
건설기계관리법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A fails to pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

Defendant

A is a construction machinery operator of Busan Loading Line C (70 tons, ship numbers: D, construction machinery registration numbers:E) and Defendant B (representative F) is a corporation that employs Defendant A and operates breakwater and wharf construction business.

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

Defendant

A From 08:00 to 09:50 on the same day, from 08:0 on December 23, 2012, from 08:0, at the dredging site (Fix36N 129-24.225E) in front of the dredging site (Fix36N 36N 129-24.25E), A operated Rab dredging lines (E).

Thus, the defendant A is operating the construction machinery of his Rab dredging line without the pilot's license.

2. Defendant B Co., Ltd. committed the same act as that of Defendant A in relation to Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement of the defendant A;

1. Reporting on the occurrence of the case, and arrest pictures against the Construction Machinery Management Act;

1. The application of the Acts and subordinate statutes to question, reply and request for cooperation in investigation affairs;

1. Defendant A: Article 41 subparagraph 2 of the Construction Machinery Management Act and Article 26 (1) of the same Act: Defendant B: Articles 43, 41 subparagraph 2 of the Construction Machinery Management Act, Article 26 (1) of the same Act, and Article 26 (1) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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