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(영문) 인천지방법원 2013.10.24 2013고단5850
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates C in Incheon Southern-gu B.

On April 9, 2013, around 19:00, the Defendant loaded approximately 160 litres from the street side of the E Museum located in Seo-gu Incheon Metropolitan City, to the oil station for F mobile use, and sold it to G dump trucks with fuel (transport).

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Control site of violation of operating methods;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 46 of the relevant Act on the facts constituting an offense, and subparagraph 10 of Article 46 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 39 (1) 7 of the same Act;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has had the record of being sentenced three times to a fine for the same kind of crime even prior to the occurrence of the crime, the crime of this case where the defendant committed the crime of this case in which he sold lue oil as fuel of a vehicle not only can the safety in vehicle operation by reducing the vehicle’s structural and functional ability, but also caused air pollution caused by the exhaust gas, and there is a need to strictly prohibit the distribution order of petroleum, etc., it should be punished against the defendant. However, the amount of oil sold by the defendant is relatively large; the defendant's age, character and behavior, motive, means and result of the crime of this case; the defendant's age, character, and environment, the motive, means and consequence of the crime; and the circumstances after the crime, etc., which are conditions for sentencing as shown in the oral proceedings, shall be determined as ordered in consideration of various circumstances.

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