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(영문) 인천지방법원 2018.07.13 2018고정1610
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant with "D" in front of the 3th exit in Yeonsu-gu Incheon Metropolitan City.

Any person who intends to operate a resting restaurant business shall report to the head of the competent Si/Gun/Gu pursuant to Article 37 (4) of the Food Sanitation Act.

Nevertheless, from July 2017 to December 12, 2017, the Defendant installed a food truck in Yeonsu-gu Incheon Metropolitan City to operate a place of business on a scale of approximately 0.6 square meters, and prepared a soil list, etc. in a stone, and sold a food truck to the ordered customer, and did not file a business report with the competent Gu office.

The Defendant set up one gas facility, one plate, and various cooking equipment within the food truck at the above location, and sold approximately KRW 3 to 40,00 per day on an average of approximately KRW 2,00 per hour, including KRW 1,500, and KRW 1,500 per day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of public officials);

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order are as follows: (a) the Defendant continues to operate the same food truck business without taking measures to report the business despite the fact that the Defendant was dismissed on May 18, 2017; and (b) on the other hand, taking into account the fact that the size of the business is very small.

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