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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 21, 2015, the Defendant rendered a disposition suspending business for six months on the ground that “A,” which had been operating a petroleum retail shop in the name of “C,” on August 21, 2015, sold light oil as fuel for vehicles.”
B. On August 2, 2016, the Plaintiff succeeded to the status of a petroleum retailer from D and changed its trade name from C to E.
C. On November 26, 2017, the Defendant issued a disposition suspending business for six months against the Plaintiff on the ground that “the Plaintiff sold light oil as fuel for construction machinery using a mobile-sale vehicle on September 19, 2017.”
After that, on July 25, 2018, the Defendant sold dump trucks as fuel for a vehicle by drinking dump trucks using a mobile-sale vehicle in the G dump truck at the F F F parking lot, and violated the scope and method of business. ② The Defendant sold dump trucks as fuel for a vehicle and violated the scope and method of business (hereinafter collectively referred to as the “instant violation”) on the ground that the Plaintiff violated Article 39(1)8 and 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter referred to as the “petroleum Business Act”) on the ground that the instant violation was committed (hereinafter referred to as the “instant violation”).
E) The Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the administrative appeals commission of Chungcheongbuk-do, but the administrative appeals commission of Chungcheongbuk-do dismissed the said claim on September 28, 2018. [Grounds for recognition] There is no dispute, and evidence A Nos. 1 and 2 (which includes a serial number; hereinafter the same shall apply).
Nos. 1 to 6, each entry of No. 8, and the purport of the whole pleadings
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s violation related to I dump trucks, among the instant violation, was asked by the JJ of the above dump truck driver.