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(영문) 창원지방법원 진주지원 2018.09.12 2018고단246
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A person who intends to fell standing timber in a forest shall obtain permission from the competent authority as prescribed by Ordinance of the Ministry of Agriculture and Forestry for the cutting of standing timber;

Nevertheless, on January 2017, the Defendant cut standing timber of 1,100 square meters (registered area 209.65 square meters) that is living in 14,00 square meters in Sacheon-si B and C Forest land in the middle of 2017 for the purpose of creating orchard by using a work seal, etc.

2. On October 16, 2006, the Defendant was sentenced to a summary order of KRW 4 million in the name of the same crime and a fine of KRW 5 million in the same court at the same court on October 17, 2016.

On January 23, 2018, the Defendant driven a D Poter II truck without obtaining a driver’s license from approximately 1 km section from the front of the gym distance in front of the city, which is located on the front side of the Jinju-si, to the intersection of the railroad village located on the same side, to the front road, and without obtaining a driver’s license.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driven a motor vehicle without obtaining a driver’s license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A certificate of all registered matters;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Article 74(1)3 of the former Creation and Management of Forest Resources Act (wholly amended by Act No. 14987, Oct. 31, 2017) regarding criminal facts.

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