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(영문) 서울북부지방법원 2016.06.21 2016고정1192
대기환경보전법위반등
Text

Defendant shall be punished by a fine of 1.5 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 runs the external management business of cars, such as automobile defects removal and luminous ray, under the trade name of Dongdaemun-gu Seoul Metropolitan Government “C”.

1. Any person who intends to install a atmospheric environment conservation facility shall report to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting the installation of air emission facilities to the head of the competent Gu from October 20, 2015 to March 21, 2016, was equipped with the seal facilities of approximately 76.5 cubic meters (workrooms concurrently carrying out work, building, and separation) and one unit (1kw) of air compression machines, and carried out a car seal using the equipment necessary for the car seal.

2. Any person who violates the Motor Vehicle Management Act shall register his/her motor vehicle maintenance business with the head of the competent Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on March 11, 2016, the Defendant, without registering a motor vehicle management business (motor vehicle maintenance business) to the head of the competent Gu, equipped with a seal facility, etc. of approximately 76.5 cubic meters in cubic meters, and carried out a motor vehicle management business (motor vehicle maintenance business) by using a framework, etc. on the back of the motor vehicle D (motor vehicle) around March 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of confirmation, or a certificate of illegal act;

1. Application of Acts and subordinate statutes to investigation reports (report on the detection of persons who violate the atmospheric environment conservation Act and the Automobile Management Act);

1. Relevant legal provisions of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) (a) of the Act on the Preparation of Unreported Emission Facilities), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act concerning facts constituting an offense, and the selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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