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(영문) 창원지방법원 2017.10.25 2017고단2897
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 30, 1998, the Defendant in violation of the Automobile Management Act is a person who registered the automobile section maintenance business with the head of Kimhae-si on December 30, 199 and operates the “E” in D.

A person who intends to conduct inspection, maintenance, and tubes of passenger cars, light-type cars, and small-sized vehicles shall register the maintenance business of small-sized vehicles with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on April 3, 2014, the Defendant, without registering a small-sized automobile maintenance business at the Kimhae market, operated a small-sized automobile maintenance business without registration, as described in the list of crimes, from around April 3, 2017 to April 10, 2017, using paint gas sprayers, etc. in the above “E”, and received KRW 70,00 from F with the cover of the G M& car which was requested to carry out the printing and painting work, and received KRW 70,00 from F.

2. Any person who intends to install an emission facility of air pollutants violating the atmospheric environment conservation Act shall report it to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant, from April 3, 2014 to April 10, 2017, installed a facility for painting work, which is an air pollutants emission facility (5.108m wide, 7.864m high, 2.829m high), without reporting from “E” located in “E” located in “Seoul-si, Kimhae-si,” to the Kimhae-si market, and used it to carry out vehicle painting work.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on internal investigation data;

1. Relevant legal provisions concerning facts constituting a crime, Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (unregistered motor vehicle maintenance business), Articles 90 subparagraph 1 and 23 (1) of the Air Quality Conservation Act (unreported air pollutants), and imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. The former sentence of Article 62-2 of the Social Service Order Criminal Act (in the absence of sentencing guidelines): Imprisonment with prison labor for a period of one year: six months/ suspended sentence; two years;

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