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(영문) 서울북부지방법원 2017.09.28 2017고단2856

대기환경보전법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who conducts a motor vehicle painting and maintenance business under the trade name of Dongdaemun-gu Seoul Metropolitan Government “C”.

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 thereon to the Mayor/Do Governor;

Nevertheless, from October 26, 2010 to July 26, 2017, the Defendant, without reporting to the competent Mayor/Do Governor, was equipped with a painting facility of 34 square meters, which is a power-driven facility of 2 miles, which falls under the subject matter of report in the atmosphere emission facilities, with equipment necessary for the car painting, such as compressers, presses, mortars, mortars, hexa, and various paints, and operated the car painting using the same.

2. Any person who intends to conduct a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of Ministry of Land

Nevertheless, on May 18, 2017, the Defendant, without registering with the head of the competent Si/Gun/Gu, received KRW 100,000 from the person who was unable to perform his/her name in the place specified in paragraph (1) on May 18, 2017, and carried out the business of managing the vehicles, and received KRW 50,000 from the person who was in the name of the deceased on May 26, 2017 and received KRW 50,000 from the person who was in the name of the deceased on May 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against an illegal motor vehicle maintenance business establishment;

1. A certificate of detection;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant legal provisions, subparagraph 1 of Article 90 of the Conservation of the Air Environment Conservation Act, Article 23 (1) of the same Act, Article 79 subparagraph 13 of the Automobile Management Act, and Article 53 (1) of the same Act, the selection of imprisonment for a crime;

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

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act is against the time of committing the instant crime.

However, the defendant has been punished several times for the same crime, and each time.