logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.06.29 2016고정206
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall manufacture, import, store, transport, store or sell fake petroleum products.

Nevertheless, on November 24, 2015, the Defendant stored and stored about 10% of fake petroleum products mixed with other petroleum products in E station located in Northern-gu, Northern-si, Northern-si, and around 16:30 on November 24, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Application of Acts and subordinate statutes to notify the results of quality inspections of petroleum products;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 of the Act on the Selection of Petroleum and Punishment as well as Article 44 subparagraph 3 of the Act on the Petroleum Substitute Fuel Business (Selection of Penalty) and Article 29 (1) 1 of the same Act;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant and his defense counsel repeated the process of injecting each oil into two oil tanks which store light oil and light oil using only one oil tank, and the remaining oil remains in the oil tank and the mixed oil has occurred as the remaining oil remains in the tank. Thus, this is due to negligence and there was no intention to keep fake petroleum products in the defendant.

The argument is asserted.

2. As long as a new transit is supplemented each time, it is difficult to view that the volume of the remaining oil remains in the oil tank only with the inflow of a small quantity of oil remaining in the oil tank to either accumulate the quantity of the remaining oil up to 10% or to increase the mixed percentage depending on the frequency of injecting. Generally, given that the density of light oil is higher than that of the oil tank, it cannot be deemed that the quantity of the remaining oil stored in the oil tank, such as mixing, is less than that of the oil tank, and thus, it cannot be deemed that the congestion ratio of light oil increases because the quantity of the oil stored in the oil tank, such as mixing, is less than that of the oil tank, and the Defendant is in danger of mixed oil.

arrow