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(영문) 대전지방법원 2017.07.20 2017고정597

대기환경보전법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is a person who operates a motor vehicle external management establishment under the trade name of “C” in Seo-gu Daejeon.

Any person who intends to conduct a motor vehicle management business shall register with the competent authority as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

However, on February 7, 2017, the Defendant did not register with the head of the Seo-gu in his jurisdiction, and did the automobile management business with the 50,000 won coloring the pentum in front of the D Ttiburi passenger car at C around February 14, 2017.

2. Any person who intends to install emission facilities in violation of the Conservation of the atmospheric environment Act shall report the installation of emission facilities to the competent authorities;

In this regard, the Defendant, without filing a report with the competent authorities on the discharge facilities, installed a stack, which is a general and large-scale discharge facility, at the same time and place as the above Paragraph 1, and operated the part using the discharge facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Ethical letters;

1. On-site photographs;

1. Application of a copy of business registration certificate;

1. Article 90 subparagraph 1 of the relevant Act concerning the facts constituting an offense, Article 90 subparagraph 1 of the Act on the Conservation of the Air Quality and Article 23 (1) of the Act on the Selection of Penalties (Optional to Penalty), Article 79 subparagraph 13 of the Automobile Management Act, and Article 53 (1) of the Motor Vehicle Management Act;

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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The part of the alleged body may be carried on without registering the automobile maintenance business under the Automobile Management Business Act, so the defendant is not subject to a violation of the Automobile Management Act.

2. Article 132 Subparag. 6 of the Enforcement Rule of the Automobile Management Act only provides that a vehicle body’s painting work is “stamping” as one of the activities that fall within the scope of the automobile maintenance business, and the part of the body is also “stamping.”