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(영문) 서울북부지방법원 2014.09.30 2014고정1349
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2014 high-speed 1349] Any person who intends to install air discharge facilities shall report to the head of the competent Gu pursuant to the relevant statutes, but the Defendant, without reporting the above to the head of the competent Gu from November 1, 2012 to March 7, 2014, carried out the business of raising the sales of KRW 2.5 million monthly average by using the same, with one compressed machine (2 miles), three sand presses (mast), three sand presses (masts), one land, and all kinds of other kinds of paints, etc., and with the machinery, apparatus, materials, etc. necessary for the car painting, which are requested from customers, and with a seal of approximately 15 square meters monthly from November 1, 2012 to March 7, 2014.

[2014 High Court Decision 1613]

1. At around 15:00 on April 3, 2014, the Defendant violated the Automobile Management Act, without registering his/her automobile management business with the competent authority, carried out a motor vehicle management business with various equipment for maintaining motor vehicles, such as paints, stons, back-to-dates, and 80,000 won at the “C” workplace located in Dongdaemun-gu Seoul Metropolitan Government, with the front and rear criminal seal of the D-to-faced vehicle, and receiving 80,000 won at its repair cost. From August 22, 2013 to the aforementioned temporary date, the Defendant provided the motor vehicle management business with all equipment for maintaining motor vehicles, such as paints

2. The Defendant violated the Clean Air Conservation Act, without filing a report on the installation of a facility emitting air pollutants with the competent authority, and operated the automobile painting business using approximately KRW 143.5 cubic meters of painting facilities installed at the places indicated in the preceding paragraph from March 8, 2014 to April 3, 2014, at the places indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Report on investigation (report on detection of a person who violates the Clean Air Conservation Act);

1. Suppression photographs;

1. Application of Acts and subordinate statutes governing violation photographs;

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 (hereafter referred to as "unreported atmosphere emission facilities" in this Article), Article 79 subparagraph 13 of the Motor Vehicle Management Act, Article 53 (1) of the Motor Vehicle Management Act, and the selection of fines;

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