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(영문) 서울북부지방법원 2018.11.23 2018고단4170
대기환경보전법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall obtain permission from the competent Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, on September 10, 2018, at around 11:40, the Defendant installed air pollution emission facilities with various paints in size of 48.36 cubic meters (breadth 3.1m x vertical length 6.0m x height 2.6m) without having received a report from the competent authority with the trade name “C” in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

2. Any person who violates the Automobile Management Act shall register with the head of the competent Si/Gun/Gu;

Nevertheless, the Defendant, at the time and place of Paragraph 1, did not register with the competent authority, received KRW 200,000 from customers, and carried out maintenance business of unregistered vehicles, such as the front and rear pands of the D-purged vehicle, driving and lighting, and collecting painting fees from the d-purging part.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A certificate of detection;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of field control photographs);

1. Selection of each fine for a crime under subparagraph 1 of Article 90, Article 23 (1) (the installation of an emission facility of unreported air pollutants), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act, and Article 53 (1) (the occupation of an unregistered motor vehicle management business), and the selection of each fine for negligence;

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. The sentencing of Article 334(1) of the Criminal Procedure Act does not have a significant degree of harm to national health and the atmospheric environment, the criminal records of the same kind of crime, the defendant's opposite nature, the fact that the defendant appears to be a living crime, and other factors of sentencing, including the defendant's age, sexual behavior, environment, etc., shall be determined as ordered by the court.

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