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(영문) 서울동부지방법원 2018.06.22 2018고단1423
대기환경보전법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Air Quality Conservation Act is a person who operates a car-signing shop “D” in Seongdong-gu Seoul Metropolitan Government.

Any person who intends to install or operate a business using emission facilities shall obtain permission or report to the competent authority.

Nevertheless, at around 11:00 on November 1, 2017, the Defendant, without reporting to the competent authority, provided 2-mams of the compact presses with 3.0 meters wide X 6.9m high X 2.4m high) on the painting facilities located in the above business establishment (3.0m wide and 6.9m high and 2.4m high) and carried out the work on the back of the top of the light of the EK3 car.

In addition, the Defendant used emission facilities without reporting until November 29, 2017.

2. Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant did not register his/her automobile management business with the head of the competent Gu on November 1, 2017, and carried out the unregistered automobile management business by sealing the vehicles requested by the customers in the above workplace from November 1, 2017 to November 29, 2017, including sealing work on the back of the top part of the steering line of the vehicle EK3 at the “D” workplace as indicated in paragraph (1) of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (the occupation of running the unregistered automobile management business), Articles 90 subparagraph 1 and 23 (1) of the Air Quality Conservation Act (the occupation of operating non-reported discharging facilities), and selection of fines, 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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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