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(영문) 대구지방법원경주지원 2020.10.29 2020고정173
건설기계관리법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall use or operate unregistered construction machinery or construction machinery whose registration has been cancelled, and a person who intends to operate construction machinery shall obtain a construction machinery operator's license from the head of the competent Si/Gun/Gu

Nevertheless, at around 10:00 on October 12, 2019, the Defendant operated and operated the excavated machine (number D) without obtaining a construction operator license from the competent authority in the field where the Defendant is cultivated by the Defendant near C in the racing-si.

Summary of Evidence

1. The original legal statement register of the defendant;

1. Application of Acts and subordinate statutes to data about registration and replies of vehicles on racing;

1. Selection of a fine for negligence provided for in Articles 40 subparagraph 2 of the relevant Article of the Construction Machinery Management Act and Article 6 (1) of the same Act, Article 41 subparagraph 14 of the Construction Machinery Management Act and the main sentence of Article 26 (1) of the same Act (the operation of unregistered construction machinery) concerning criminal facts, and the selection of a fine for negligence provided for in Articles 40 and 50 of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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