A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

A person who intends to operate construction machinery business shall register with the head of a Si/Gun/Gu for each type of business, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without registering construction machinery business with the competent authority on June 19, 2014, carried out construction machinery maintenance business, such as attaching Edump trucks to the loading of Edump trucks while operating D at Hanam-si on June 13:30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Article 40 of the Construction Machinery Management Act and Articles 40 subparagraph 4 and 21 (1) of the same Act concerning criminal facts, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing) provides that the Defendant, with the same reason for sentencing, has served eight times as the same kind of crime, is subject to punishment, and at the same time, choice of imprisonment is made by taking into account the following:

However, comprehensively taking account of the fact that the defendant's mistake is recognized and the place of business is discontinued in the future while closing the business, the fact that there is no record of punishment exceeding the fine, and other favorable circumstances such as the defendant's age, character and conduct, environment, etc., the execution of the sentence is deemed appropriate to be suspended on the condition that the community service order should be performed, and thus, the sentence shall be determined like the order.