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(영문) 의정부지방법원 2019.11.21 2019고정1409
건설기계관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in construction machinery maintenance business under B.

A person who intends to conduct construction machinery business, such as disassembly, assembling, or repairing construction machinery and processing, manufacturing, or replacing its parts, shall secure at least 300 square meters in indoor workplace, and at least 670 square meters in outdoor workplace, and install chain block or a list of at least three tons in outdoor workplace in accordance with the standards prescribed in the Enforcement Rules of the Construction Machinery Maintenance Business Act (attached Table 15), and secure one professional engineer for each type of business and register with the head of a Si/Gun/Gu as prescribed by Presidential Decree.

On March 20, 2019, the Defendant rejected D's failure and engines, which are construction machinery, from March 20, 2019, in a state where construction machinery maintenance business cannot be registered due to the failure to meet such requirements for registration.

Accordingly, the Defendant did not register construction machinery maintenance business in socheon City Mayor and did maintenance work without registering construction machinery maintenance business.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to photographs of sites and field photographs of illegal maintenance activities;

1. Relevant Article 40 of the Construction Machinery Management Act, and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act, the selection of fines for criminal facts;

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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