beta
(영문) 서울서부지방법원 2018.07.11 2018고단1733

대기환경보전법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 3, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Automobile Management Act at the Seoul Western District Court on June 6, 2018, and the said judgment became final and conclusive on June 15, 2018.

【Criminal facts】 The Defendant is a person who conducts a motor vehicle management business on the street of the Dongjak-gu Seoul Metropolitan Government North Korea's Safety Zone.

Any person who intends to install emission facilities shall obtain permission from a Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree.

From November 2017 to March 14:30, 2018, the Defendant, without filing a report at the above location, was equipped with the equipment necessary for car painting, including gas sprayers, air compresseders, and paint, and used it to carry out the painting of C Motor Vehicle, etc.

Accordingly, the Defendant used emission facilities installed without reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Detection photographs of illegal scenes;

1. Investigation report (Report on the calculation of the volume of outdoor collection facility);

1. Previous convictions: The application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of judgment, etc.);

1. Subparagraph 1 of Article 90 and Article 23 (1) of the Conservation of the Air Quality Act concerning facts constituting a crime;

1. Selection of imprisonment with prison labor chosen;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the suspended execution;