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(영문) 서울북부지방법원 2014.06.11 2014고정1161
대기환경보전법위반등
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

The Defendant is a person who operates a motor vehicle maintenance business in his/her trade name in Dobong-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities in violation of the Clean Air Conservation Act shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor, as prescribed by Presidential Decree;

At around 15:10 on March 31, 2014, the Defendant: (a) provided, at the above location, with one 1.5 Mar. 31, 2014, 1.5 Murcurcers, three presses, one heat drying machine, one member of the Centre, 3.2m in width, x 5.3m in height x 5.3m in height x 39.9m in floor area ratio at 2.4m in height; and (b) provided, at around 15:00 on March 31, 2014, the Defendant agreed to receive KRW 150,000,000 in color, and carried on an unauthorized trucking business, one-month average of 10m in color.

2. A person who intends to run a motor vehicle management business violating the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land,

The defendant has run the automobile management business without registering the automobile maintenance business from the competent authority, such as conducting the automobile sales business as provided in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on accusation of an illegal mechanic;

1. Article 79 subparagraph 13 of the Motor Vehicle Management Act, Article 53 (1) of the same Act, Article 90 subparagraph 1 of the Clean Air Conservation Act, and Article 23 (1) of the same Act, the selection of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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;

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