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(영문) 서울중앙지방법원 2018.05.10 2018고단374

대기환경보전법위반

Text

Defendants shall be punished by a fine of five million won.

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

1. Defendant B Co., Ltd. is a company that imports and sells E-L and Pari manufactured in Italian, and Defendant B is a director in charge of direct sales and sales as well as the team leader of the business support team.

Where a motor vehicle manufacturer intends to manufacture motor vehicles, he/she shall obtain certification from the Minister of Environment that the relevant motor vehicle exhaust gas can be maintained in compliance with the permissible emission standards for manufactured exhaust gas within the warranty period of exhaust gas, and where he/she intends to modify important matters prescribed by Ordinance of the Ministry of Environment among the certified details

A certified as Patra H H model on November 22, 201, Patra J model on March 22, 201, Patra J model on March 22, 2013, and subsequent model on February 19, 2016, but the engine subdivision method of the foregoing vehicle is GDI method (direct powder engine). As such, as GDI method, which is released from January 1, 2015, was certified, even though it was subject to the change of the permissible level of emissions of the passenger, it was imported from 16 pata model on May 21, 2015, and was imported from around February 3, 2017.

2. Defendant A, who is the Defendant’s employee, imported the automobile without obtaining the foregoing modified certification as to the Defendant’s business.

Summary of Evidence

1. Defendant B’s legal statement

1. A written accusation;

1. A public official's statement;

1. Application of Acts and subordinate statutes to reporting self-declaration of an inappropriate exhaust gas certification;

1. Article 95 of the atmospheric Environment Conservation Act and subparagraph 4 of Article 91, and Article 48 (2) Item B of the same Act concerning the facts constituting a crime: Article 95 of the same Act and Article 48 (2) of the same Act (Selection of a penalty)

1. The Defendants aggravated concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act.