A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who engages in automobile maintenance business under the trade name of “C” in Songpa-gu Seoul Metropolitan Government.

1. Any person who intends to operate a motor vehicle management business shall register with the competent authority as prescribed by Ordinance of the Ministry of Construction and Transportation of the national land;

Nevertheless, on February 17, 2016, the Defendant did not register with the competent authority, and had approximately 87.75 cubic meters of the above Defendant’s marketing and painting facilities, such as gas sprayers, slot machines, and a prolonged-term, necessary for the work of printing and sealing of vehicles, at the workplace of approximately 87.75 cubic meters of the above Defendant, and carried out the automobile management business by repairing and sealing the front left side, the right side, the front side, and the rear side of the DNA passenger vehicle.

2. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall report thereon to the competent authorities, as prescribed by Presidential Decree;

Nevertheless, the Defendant installed waste-generating facilities from April 18, 201 to March 7, 2016 without reporting the installation of discharge facilities to the competent authorities, and installed waste-generating facilities and operated them by installing waste-generating facilities from around April 18, 2015 to around March 8, 2016, with approximately KRW 87.75 cubic meters of waste-generating facilities as described in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on detection of any criminal who violates the atmospheric environment conservation Act and the Automobile Management Act);

1. Application of 12 copies of the Acts and subordinate statutes to the control site;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparag. 13 and 53 subparag. 1 of the Automobile Management Act (the occupation of a unregistered motor vehicle management business), Articles 90 subparag. 1 and 23 subparag. 1 of the Air Quality Conservation Act (the installation of non-reported discharging facilities), and choice of imprisonment with prison labor, respectively;

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 62(1) of the Criminal Code of the Suspension of Execution (the fact that there is no previous conviction beyond a fine, the confession and reflect of the crime in this case, the family members to support are living, and the place of business is likely to repeat by closing down the business.