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(영문) 서울중앙지방법원 2015.04.22 2014고정5725
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person operating a non-motor vehicle management service company under the trade name of “D” in Seocho-gu Seoul Metropolitan Government.

1. Any person who intends to run 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, without registering the automobile maintenance business to the head of Seocho-gu Seoul Metropolitan Government, the Defendant received KRW 100,000 from the owner of the said “D” business, around February 25, 2014, around KRW 15:30,000, and maintained the seal, such as repair, painting, and heat construction, with respect to the pentle part of the front pentle, and around October 14, 2014, after being requested to maintain the seal from the owner of FK7 car and after being requested to maintain the gate, the Defendant carried out the sales business with electric pots.

Accordingly, the defendant run the automobile management business without registering the automobile management business.

2. Any person who intends to install painting facilities violating the Clean Air Conservation Act shall report on the installation of an emission facility of air pollutants to the competent authority, and shall not operate any business using the unreported emission facility of air pollutants;

Nevertheless, on February 25, 2014, the Defendant did not report the installation of air pollutants emission facilities to the competent authority, and installed approximately 171 cubic meters (9m x 8.30m x 2.3m) seal facilities and operated them using such facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written accusation, each written statement, written confirmation of detection, written confirmation of detection, etc.;

1. Application of the statutes governing the detection photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparagraph 13 and 53 (1) (a) of the Automobile Management Act (a point of a unregistered motor vehicle management business), subparagraph 1 of Article 89 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation of discharge facilities not reported), and selection of fines;

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

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