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(영문) 수원지방법원 2016.03.24 2016고정129
석유및석유대체연료사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a petroleum retailer who actually operates a gas station in the C in the Ssung City B.

Petroleum retailers, etc. shall not sell or deliver petroleum products that fail to meet the quality standards, or store, transport or keep them for the purpose of sale or delivery, and from July 1, 2015 among the quality standards of gasoline for automobiles.

8. The steam pressure quality standard at the distribution stage for the lower season applicable until 31 is 4-60kPa.

Nevertheless, on July 1, 2015, the Defendant stored and stored the steam pressure of 66kPa for sale, which is a petroleum product that failed to meet the quality standards in the main organic 1 unit of the above C oil station.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to know about the results of quality inspections of petroleum products and written confirmation of collection of test samples;

1. Article 45 Subparag. 5, Articles 27 and 24(1) of the relevant Act on criminal facts and Article 45 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 13085, Jan. 28, 2015; Act No. 13085, Jan. 28, 2015); the selection of fines, etc.

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order begins on May 1, 2015 when the Defendant started to operate a gas station in C from around May 1, 2015, and applied the low-term quality standards under the condition that he/she did not sell petroleum that he/she purchased prior to the application of the lower-term quality standards. After checking the result of the quality determination of the lower-term quality standards around July 15, 2015 conducted on July 15, 2015, the Korea Petroleum Management Institute’s quality inspection conducted on July 15, 2015, where the lower-term quality standards apply, the petroleum products are sealed to be sold thereafter, and the quality standards are deemed not to have been sold thereafter; the Defendant is against all his/her recognition of the crimes; and the Defendant has no same kind of power; and the punishment as the order shall be determined by reducing the fine determined by the summary order

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