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(영문) 서울북부지방법원 2017.09.14 2017고단2556

대기환경보전법위반등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not report to the competent Mayor/Do Governor on March 30, 2017, and installed and operated a waiting emission facility, such as raising approximately 10 million won in the monthly average of the vehicles requested from customers in the above workplace from July 15, 2016 to June 1, 2017, using equipment, such as 2.5 MV air compressions, presses, bricks, paints, and new widths, etc.

2. Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant did not register a motor vehicle management business with the head of the competent Gu on March 30, 2017, and carried out the propagation and string of the Espo vehicle at the place of business indicated in paragraph (1) around 10:40 on March 30, 2017, and operated the unregistered motor vehicle management business in order to raise about KRW 1 million by displaying about the monthly average of 15 vehicles requested by the customers in the above place of business from March 4, 2017 to June 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (two times, replacement of the accused);

1. Documents of accusation, accusation, F’s statement, confirmation of detection, evidence photograph of a motor vehicle illegal maintenance business establishment;

1. Investigation report (report on the results of on-site verification of the violating workplace), the application of evidence photographing statutes;

1. Article 90 of the Act on the Conservation of the atmospheric environment and Articles 90 subparagraph 1 and 23 of the Act on the Selection of Criminal Crimes;