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(영문) 서울동부지방법원 2018.05.17 2018고단821

대기환경보전법위반등

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Air Quality Conservation Act is a person who operates a car plate and painting business called “C” in Seongdong-gu Seoul Metropolitan Government.

Any person who intends to install or operate a business using emission facilities shall obtain permission or report to the competent authority.

Nevertheless, at around 11:08 on October 11, 2017, the Defendant, without reporting to the competent authority, provided one telecom shower (3 Mao-ray) from 156.2 cubic meters (6.0 meters X 9.3 meters above X 2.8 meters) in the painting facility, and sealed the main set of the car in body D and the front part thereof.

In addition, the Defendant used emission facilities without reporting until November 15, 2017.

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 his/her automobile management business with the head of the competent Gu on October 11, 2017, and carried out a seal work on the part of the main set and the part of the front part of the vehicle in body in D at the “C” workplace listed in paragraph (1) around October 11, 2017, and carried out a non-registered automobile management business from October 11, 2017 to November 15, 2017 by displaying and maintaining the vehicles requested by the unregistered customers in his/her name at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of written confirmation, relevant Acts and subordinate statutes;

1. The relevant Article of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) (the installation of emission facilities and operation of unreported air pollutants), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act (the occupation of unregistered motor vehicle management business) of the Act on the Conservation of Air Quality, and the Selection of Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are punished for the same crimes.