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(영문) 서울중앙지방법원 2018.08.30 2018고정1574

대기환경보전법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a vehicle-type controlled entity under the trade name of Jongno-gu Seoul Metropolitan Government “C”.

1. Any person who intends to install a emission facility of air pollutants shall report it to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the head of the competent Gu on the installation of air pollutants emission facilities, was equipped with one device necessary for car painting at a seal facility of approximately 45 cubic meters from February 4, 2017 to February 22, 2018, which is equipped with one container, gas sprayers, drying machines, and various paints.

2. Any person who violates the Motor Vehicle Management Act shall register his/her motor vehicle maintenance business with the head of the competent Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on February 22, 2018, the Defendant, without registering a motor vehicle management business (motor vehicle maintenance business) to the head of the competent Gu, equipped with a painting facility, etc. of about 45 cubic meters in the same place as that of the preceding paragraph, and carried out a motor vehicle management business (motor vehicle maintenance business) to seal the first door of the motor vehicle of D(Spo) around February 14:20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the confirmation report applicable to the emission facilities of the workplace);

1. Application of exposed field photographs and copies of business registration certificates to statutes;

1. Relevant legal provisions concerning criminal facts, Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (the occupation of unregistered automobile management business), Articles 90 subparagraph 1 and 23 (1) of the Air Quality Conservation Act, and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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