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(영문) 수원지방법원 안산지원 2016.07.19 2016고정673
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who performs a motor vehicle external restoration project under the trade name of "C" in Ansan-si, a member B.

1. No person shall install or alter a emission facility of air pollutants, or conduct any business using such emission facility without filing a report with the competent authority or filing a false report;

Nevertheless, from July 3, 2015 to March 15, 2016, the Defendant installed a seal-generating facility (a total area of 90,045 cubic meters) which is an air pollutants emission facility without reporting to the competent authority at the “C” workplace located in Ansan-si Group B, Ansan-si from around July 3, 2015 to March 15, 2016.

2. Any person who violates the Automobile Management Act shall make a registration with the competent authority;

Nevertheless, on March 15, 2016, the Defendant received KRW 50,00 from the nameless borrower without registering to the competent authority at the place specified in the foregoing paragraph 1 at the same time and received KRW 50,00 from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Letters of investigation direction and accusation;

1. Certificate of business registration;

1. A public official's statement;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Conservation of Air Quality, subparagraph 1 of Article 90, Article 23 (1) of the Act on the Selection of Air Quality (a point where an unreported air pollutant emission facility is installed), Articles 79 and 13 of the Automobile Management Act, and Article 53 (1) of the Motor Vehicle Management Act (a point where a non-registered motor vehicle management business is operated), and 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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