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(영문) 서울중앙지방법원 2016.10.12 2016고정2548

대기환경보전법위반등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in a motor vehicle maintenance business under the trade name of “C” in Seoul Special Metropolitan City, Gwanak-gu.

1. Any person who intends to install emission facilities shall report to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report with the competent administrative authority, has carried out his/her duties using a painting of approximately 59.28 square meters from September 22, 2014 to April 25, 2016 (a place of work concurrently carrying out work, building and separation) and one air compresseder (2.25kw).

2. Any person who intends to run an automobile management business shall register with the head of the Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, the Defendant, without registering with the competent administrative authority, equipped with a painting facility of approximately 59.28 square meters in the same place as that of paragraph (1), and operated a motor vehicle management business, such as the front and rear of the D vehicle, around April 25, 2016, around 18:25.

Summary of Evidence

1. Defendant's legal statement;

1. Suppression photographs;

1. Copy of business registration certificate;

1. Re-verification photographs of the control site;

1. Application of Acts and subordinate statutes on real estate lease agreement;

1. Relevant Article concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation of unreported emission facilities), Article 79 subparagraph 13 of the Automobile Management Act, Article 53 (1) of the Automobile Management Act (a point of operation of unregistered motor vehicle management business), and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;