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(영문) 대전지방법원 2014.11.27 2014고정1134
건설기계관리법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is an unregistered C owner, and Defendant B is a person who drives the said vehicle.

1. Although Defendant A was prohibited from using or operating construction machinery not registered between the date and the date from June 2013 to March 20, 2014, Defendant A caused the said B to operate the instant e-mail, which was not registered before the E-mail store located in Daejeon Dong-gu, Daejeon.

2. At the same time and place as Defendant B(1), the said car was adjusted without obtaining a construction machinery operator’s license.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (related to the number plate in possession and the chassis number difference);

1. Application of construction machinery register, on-site photographs statutes;

1. Defendant A who is subject to the pertinent provision of criminal facts and the choice of punishment: Article 40 subparagraph 1 of the Construction Machinery Management Act; Article 40 (1) of the Construction Machinery Management Act; Article 41 subparagraph 2 of the Construction Machinery Management Act; Article 26 (1) of the Construction Machinery Management Act; and Article

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendants of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act do not have the same criminal records, confession and reflect in depth.

In addition, the registration of the above-mentioned vehicle after the crime of this case is considered.

In this context, considering all the circumstances such as the defendants' age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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