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(영문) 대구지방법원 김천지원 2019.02.12 2018고단1238
위험물안전관리법위반등
Text

Defendant

A shall be punished by a fine of two million won, by a fine of four million won, by a defendant B, and by imprisonment of four months.

Reasons

Punishment of the crime

[Criminal Power] On April 4, 2018, Defendant C was sentenced to two years of suspension of the execution on October 12, 2018, for the violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court, and the judgment became final and conclusive on April 12, 2018.

【Criminal Facts】

Defendant

B and Defendant C are married couple, who operate the “E gas station” in the old and American City D, and Defendant A is a person who works as an employee in the above gas station.

1. On January 30, 2018, the Defendants’ violation of the Petroleum and Petroleum Substitute Fuel Business Act instructed the Defendant A to “in the event that the delivery of oil to a mobile storage tank vehicle is carried out, light oil shall be manufactured in the form of mixed hazards.” After that, the Defendant B instructed the Defendant A to “in the event of delivery, it is not discovered that mixed oil is not discovered.” On January 30, 2018, the Defendant A manufactured fake petroleum products by mixing the F tank mobile storage tank with 60 litres with 30 litres with 30 litres, etc. at the same place, and sold them in the manner of oiling construction machinery at the site of “H new construction works” located at the time of the Gumi, with no identification number.

As a result, the Defendants conspired to manufacture and sell fake petroleum products by mixing petroleum products with other petroleum products.

2. A person who transports dangerous substances by means of a mobile storage tank in violation of the Safety Control of Dangerous Substances by Defendant A shall be a national technical qualification holder capable of handling such dangerous substances or a person who has received safety education;

Nevertheless, the Defendant, even though not having received national technical qualification or safety education, transported dangerous goods by driving the F-Move Storage Vehicle with hazardous materials (petroleum Class 2) stored in the above station from the early December 2017 to the police officer in February 2018.

3. The description in paragraph (2) is about the defendant's work at the time and place specified in paragraph (2) by the defendant's employee who violated the Act on the Safety Control of Dangerous Substances.

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