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(영문) 인천지방법원 2015.05.04 2015고정951
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

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, at around 19:30 on October 16, 2014, the Defendant run the automobile maintenance business, such as, without registration, the front and rear of the Darburd vehicle in the area B located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, without registration, at the competent authorities.

2. The Defendant violated the Clean Air Conservation Act, without reporting the installation of air pollutants emission facilities to the competent authority at the time and place specified in the preceding paragraph, installed a 5 cubic meter or more of the volume, which is an air pollutant emission facility, and operated the facility as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accuser;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparagraph 13, 53 (1) of the Motor Vehicle Management Act (a point of a unregistered motor vehicle management business), subparagraph 1 of Article 90 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, 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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