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(영문) 서울동부지방법원 2015.04.07 2015고정397

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violating the Motor Vehicle Management Act is a person who operates a motor vehicle maintenance business under the trade name “C” in Songpa-gu Seoul Metropolitan Government.

Any person who intends to operate a motor vehicle management business shall register with the competent authorities.

Nevertheless, from March 12, 2014 to March 16:30, 2014, the Defendant, without registering with the competent authority, carried out the automobile management business with various equipment for maintaining automobiles, such as compururcers, eros, flags, and heating equipment, from September 22, 2012 to the above date, he/she had the automobile management business equipped with D-A-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn W-Wn W-Wn W-Wn W-Wn W-W

2. A person who intends to install an emission facility of air pollutants in a painting facility, the volume of which exceeds five cubic meters, shall report thereon to the Mayor/Do Governor;

Nevertheless, the Defendant, without reporting to the competent authority, installed waste-generating facilities on the same date and at the same place as that of the above “A” and installed in a painting facility of 43.5 cubic meters, and carried out the work such as gold and

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparagraph 13, 53 (1) of the Motor Vehicle Management Act (a point of a unregistered motor vehicle management business), 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 discharge facilities not reported), 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;