대기환경보전법위반
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
A person who intends to install emission facilities shall obtain permission from, or report to, the competent authorities, as prescribed by Presidential Decree.
From February 14, 2018 to May 4, 2018, the Defendant installed equipment necessary for car painting, such as air compresseders, paints, and smoke string machines, and used it to carry out car painting, without reporting to the competent authority, on the street near the safety zone adjacent to the access road to the Yongsan-gu Seoul Metropolitan Government North Korea branch, Yongsan-gu.
As a result, the Defendant used air pollutants emission facilities installed without permission to the competent authorities.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. Application of Acts and subordinate statutes to photographs at the detection site;
1. Article 90 of the relevant Act on the Conservation of the atmospheric environment and Articles 90 subparagraph 1 and 23 (1) of the Act on the Selection of Air Quality for Criminal Facts (generally), and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Installation of air pollutants emission facilities by carrying out car painting in the street, the nature of the crime is not easy if considered to have impacts on the atmospheric environment and the national health, and the circumstances favorable to the fact that the Defendant committed the instant crime even though he had the record of punishment for the same kind of crime: Taking into account all other circumstances, such as the Defendant’s age, sexual behavior, career, motive for the instant crime, and the circumstances after the instant crime, etc., which are the conditions for sentencing as shown in the pleadings of the instant case;