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(영문) 청주지방법원 충주지원 2019.02.20 2018고정188
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person in charge of the control and security of C in Chungcheong City B.

In transporting explosives, a duty of care shall be exercised to ensure that explosives are not boomed, enclosed, or excavated during transportation pursuant to Article 49 (1) 1 of the Enforcement Decree of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.

Nevertheless, at around 06:00 on May 16, 2018, the Defendant loaded 67 boxes of “new fluor fluor 1,50m high-performance mix explosives (fluor brin explosives)” on vehicles E4.5 tons in Hyundai 4.5 tons, and transported the explosives loaded to G Co., Ltd., Ltd., Ltd., located in Chungcheong City F., Ltd., with the negligence that did not properly cover the rubber rope with the rubber rope, the Defendant fell from the above vehicle.

Accordingly, the defendant did not comply with the technical standards on the loading method of powders.

Summary of Evidence

1. Defendant's legal statement;

1. The second and third police statement of H;

1. A fire-proof report (attaching the detection point of explosives and field photographs, etc.);

1. A report on internal investigation (Attachment of operational records of the PES);

1. Earthquake-proof report (a copy of a certificate of report on transportation of explosives);

1. Report on internal investigation (verification of CCTV data from new effective ginseng);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 72 of the relevant Act on the criminal facts and Articles 72 subparagraph 2 and 26 (4) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As stated in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the place where explosives are lost was a road near the citizen's house, and it is deemed that the defendant's negligence caused considerable public danger.

Furthermore, in the past, the Defendant’s Act on Safety Control of Firearms, Swords, Explosives, Etc., Act No. 12960, Jan. 6, 2015 was amended.

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