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(영문) 수원지방법원 안산지원 2015.09.08 2015고정1225
대기환경보전법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who displays a motor vehicle luminous and partial color, etc. with the trade name “C” in Silung-si B.

1. A person who intends to run an automobile management business in violation of the Automobile Management Act shall register the automobile maintenance business with the competent authority;

Nevertheless, on April 22, 2015, the Defendant, at around 11:45, did not register the automobile maintenance business with the competent authority at the place of business 48 square meters of the above “C” business, and carried out painting work by putting them on the press box by mixing with twits, shoes, etc. to unspecified customers.

Accordingly, the defendant is running a unregistered automobile maintenance business.

2. Any person who intends to install a facility emitting air pollutants in violation of the Clean Air Conservation Act shall file a report with the competent authority, and shall not operate the facility emitting air pollutants on which no report has been filed;

Nevertheless, the Defendant, at the above time and place around January 2012, operated without reporting to the competent authority as to painting facilities (use 102.33 cubic meters, power-driven 3 miles) installed on a facility emitting air pollutants.

As a result, the Defendant used air pollutant emitting facilities, which were not reported to the competent authorities, and operated as above.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. Application of related photographs, business registration certificates and statutes;

1. Relevant Article concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of operating emission facilities not reported), Article 79 subparagraph 13 of the Automobile Management Act, Article 53 (1) of the Motor Vehicle Management Act (a point of operating a motor vehicle maintenance business without registration), and selection of fines;

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

1. Articles 70 (1) 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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