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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The owner of a vehicle having access to a livestock-related facility shall register the relevant vehicle with the head of a Si/Gun/Gu having jurisdiction over the place of registration under the Motor Vehicle Management Act, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.
Nevertheless, at around November 18, 2016, the Defendant did not register a livestock vehicle while entering the 415 North-west-west-si, Yancheon-si, Yancheon-si, the high pathogenic avian influenza (AI) was found to have been established, using B vehicles owned by the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigative request, HIP AI epidemiological investigation report, and comprehensive vehicle details (B);
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 57 of the Act on the Prevention of Contagious Diseases and Articles 57-3 (1) and 17-3 (1) of the Act on the Prevention of Contagious Diseases and the Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of the instant case and against his mistake; (b) operated a vehicle before the registration of change in the previous registered facility-entry vehicle into another vehicle; and (c) some of the circumstances may be considered in the process of the instant crime; and (d) the fact that the registration of change is expected to have been completed immediately after the instant case is recognized as favorable to the Defendant
However, in light of the content and method of the crime, legislative intent of the Prevention of Contagious Diseases Act, etc., the crime of this case is not less than that of the crime in light of the severity of damage caused by contagious animal diseases, such as high pathogenic birds and avian influenza, and thus, it is necessary to strictly punish the crime of this case, the balance of general punishments in the same and similar cases, and other arguments of this case.