Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who operates a motor vehicle external restoration business entity under the trade name of “C” in Bupyeong-gu Incheon Metropolitan City.

Where a person intends to install a painting facility, the amount of fuel usage of which exceeds 60 kilograms per hour, or the volume of which exceeds 5 cubic meters, he/she shall file a report on installation of air emission facilities with the competent authority.

Nevertheless, from May 25, 2012 to November 19, 2012, the Defendant installed a painting facility of approximately 63.6 cubic meters, which is an air pollutant emission facility, without reporting the installation of air emission facilities to the competent authority, and operated the facility using materials necessary for car painting, such as can presses, paints, and drying machines.

Summary of Evidence

1. Partial statement of the defendant;

1. A written confirmation of violation, an investigation report (report attached to the relevant Act), an investigation report (examination of the Standard Industrial Classification and a report attached thereto by the Statistics Office), and an investigation report (report attached to air pollutants discharging facilities related to a funeral facility);

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes on documentary evidence;

1. Relevant provisions of the Act and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act concerning the selection of punishment for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is limited to only minor parts, and it does not constitute air emission facilities under the Clean Air Conservation Act.

However, according to the enforcement rules of the Clean Air Conservation Act, the air pollutants emission facilities include 60 kilograms or more per hour of fuel use among the facilities that produce radioactive materials and gas-related substances, and the constructed facilities which are not less than 5 cubic meters of volume (including circulation facilities, painting facilities, and separation facilities) are applicable to the automobile and mother-based repair business according to the Korean Standard Industrial Classification, and the power is 3 miles by the amendment of the enforcement rules.