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(영문) 의정부지방법원 2018.09.13 2018고정1096
건설기계관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in construction machinery maintenance business, such as installing dump trucks loaded with a dump truck, in the name of “C” at two weeks.

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, at around April 5, 2018, the Defendant, without registering with the competent authority, engaged in construction machinery maintenance business by carrying out maintenance work adjoining D 25 tons of a dump truck, a construction machinery, at the above place of business, without registering with the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against the violation of the Construction Machinery Management Act, a written statement, on-site photographs, confirmation books, and a place of maintenance;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Article 40 of the relevant Act on criminal facts, and Articles 40 subparagraph 4 and 21 (1) of the Construction Machinery Management Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and that the economic situation seems to have failed to comply with the impeachment decision for the impeachment decision, etc., are recognized as normal circumstances favorable to the defendant.

However, the crime of this case, where the defendant conducts construction machinery maintenance business without registration, is not less than the nature of the crime in light of the contents and methods of the crime, and has the records of having been punished several times due to the same kind of crime, etc., the balance of the general amounts of punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are conditions for the punishment of this case, shall be determined as per the disposition.

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