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(영문) 서울남부지방법원 2020.09.28 2020고단2188
자동차관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to run a motor vehicle management business of "20 order 2188" shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport

Nevertheless, the defendant did not register with the competent authority, and from February 11, 2020 to the same year.

3. By December 24, 200, he had various tools, such as compressors, paint sprayers, and smoke straw in the freight truck owned by the Defendant, and had them receive the price of KRW 10,000 to KRW 40,00 per case, according to the contents of the request from those who find and request the maintenance such as painting, and operated the vehicle painting, panfer restitution, glass contact, and Lart restoration business using the said tools.

Accordingly, the defendant did the automobile maintenance business, which is the automobile management business without registering to the competent administrative agency.

Any person who intends to install a painting facility, the volume of which is at least five cubic meters, or to operate such facility by using such seal facilities, shall file a report thereon with the competent authority.

Nevertheless, on February 11, 2020, the Defendant, without reporting, was equipped with approximately 13.02 cubic meters in a painting facility near Yangcheon-gu Seoul Metropolitan Government B apartment on the road, with an automobile painting equipment, such as air compresseders, presses, and paint, and received KRW 50,000,000,000,000 from the D-sized automobiles.

Accordingly, the Defendant installed emission facilities without reporting, and operated them using the emission facilities.

Summary of Evidence

"200 Highest 2188"

1. The defendant's statement of investigation into his/her legal statement (Evidence No. 9, No. 10 of the evidence records), 112 "20 high-level 332";

1. Investigation report of the written statement E prepared by the accused in the court room (not more than 23 pages of the evidence record);

1. Application of the Acts and subordinate statutes governing the written accusation;

1. Installation and utilization of discharge facilities which are not reported under Article 79 subparagraph 13 of Article 79, Article 53 (1) of the Automobile Management Act (the point of a unregistered motor vehicle management business), subparagraph 1 of Article 90 of the Clean Air Conservation Act, and Article 23 (1) of the Clean Air Conservation Act concerning criminal facts;

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