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(영문) 수원지방법원 2015.02.05 2014고정3440

대기환경보전법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

Where the defendant does not pay the above fine, only 10 days shall be the day.

Reasons

Punishment of the crime

The Defendant is the representative of “D” who performs external restoration, such as luminous ray, unsnmarked Snmark, and partial dump, in the area of Gyeonggi Suwon-si.

Any person who intends to install emission facilities under Article 23 (1) of the Clean Air Conservation Act shall report to the competent administrative agency, as prescribed by Presidential Decree.

Nevertheless, from March 10, 2014 to June 25, 2014, the Defendant, while installing and operating approximately 242 cubic meters (106 cubic meters x 136 cubic meters x 136 cubic meters) in total, operated without reporting to the competent administrative agency.

Summary of Evidence

1. Partial statement of the defendant;

1. Detection site photographs;

1. Detailed statement of transactions (five months, such as letters, coinss, paintes, and six months);

1. Five copies of a written estimate for automobile repair; and

1. Each investigation report (abundance facility means a work room mainly for the purpose of carrying out painting or painting (see, e.g., Supreme Court Decision 2003Do2150, Jul. 11, 2003). The following circumstances acknowledged by each of the above evidence, namely, ① the Defendant was installed in a work room closed for 106 cubic meters x 136 cubic meters x 136 meters x 136 meters x 1st, and the Defendant had low pressure transmission electric system, paint, paint, straw, straw, straw, straw, and strawing facilities, and kept the entire vehicle as each work room, and completed partial defects removal, painting, and drying. According to a photograph at the detection site photograph, at the time of the Defendant’s work room, the vehicle and the vehicle in which the entire sand-type and the vehicle in which the entire sand-type strawing has been opened was found to have been removed, and each of the equipment in which the equipment was stored and stored.

(2) The defendant has been repairing a motor vehicle spread in a separate workroom at the time of detection.