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(영문) 서울남부지방법원 2020.02.06 2019고정1581
대기환경보전법위반등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Any person who intends to install a emission facility of air pollutants shall report to the competent authority as prescribed by relevant Acts and subordinate statutes, and shall not install or alter the emission facility or run any business using the emission facility without making such a report or after making a false report;

Nevertheless, on April 19, 2017, the Defendant installed an air pollutants-emitting facility, such as pressings and air compresseders, at the car center in the name of “C” in the operation of Defendant in Yangcheon-gu Seoul Metropolitan Government, without filing a report related to air pollutants emission facilities with the competent authority. On April 19, 2017, the Defendant used a vehicle to take over vehicles from many unspecified customers from July 21, 2017 to March 27, 2019.

2. Any person who intends to run a motor vehicle management business shall register his/her motor vehicle management business with the competent administrative agency as prescribed by relevant Acts and subordinate statutes, and shall not run the motor vehicle management business without such registration.

Nevertheless, on April 19, 2017, the Defendant established a car center with a trade name “C” in Yangcheon-gu Seoul Metropolitan Government, and operated a motor vehicle management business by receiving money from an unspecified number of customers without registering it with the competent authority from July 21, 2017 to March 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of official notices and accompanying statements, written statements, written confirmations, checkup and photographic Acts and subordinate statutes to any business establishment violating the Automobile Management Act;

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, Article 79 subparagraph 13 of the Automobile Management Act, Article 53 (1) of the Motor Vehicle Management Act, and the selection of fines for each crime;

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