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(영문) 수원지방법원 안산지원 2017.07.06 2017고단1321
건설기계관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to engage in construction machinery maintenance business, such as disassembly, assembling and repairing construction machinery, shall register with the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, on March 14, 2017, the Defendant engaged in construction machinery maintenance business without registering construction machinery maintenance business to the competent authority at a construction machinery maintenance business establishment, which is operated by himself/herself in Sinung-si B, and by receiving and selling D D dump trucks, a construction machinery maintenance business without registering construction machinery maintenance business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to all written accusation;

1. Relevant Articles 40 and 21 (1) of the Construction Machinery Management Act concerning facts constituting an offense, and Articles 40 subparagraph 4 of the same Act and Article 21 of the same Act, and the choice of imprisonment (including several cases of past records that have been punished for the same offense, etc.);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (affort circumstances, such as the fact that the defendant acknowledges and reflects his mistake, and that there is no record of punishment exceeding the fine).

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