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(영문) 서울중앙지방법원 2016.10.25 2016고정2767
대기환경보전법위반등
Text

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

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

Reasons

Criminal facts

The defendant is a person who operates a motor vehicle maintenance business place under the trade name of "C" in Seoul Jung-gu.

1. Any person who violates the Clean Air Conservation Act shall report to the head of the competent Gu pursuant to relevant statutes;

Nevertheless, from March 26, 2016 to May 24, 2016, the Defendant did not report the installation of air emission facilities to the competent Gu office, and installed the automobile painting facilities in the volume of 72.6 cubic meters, and operated the business of raising the monthly income of KRW 1.5 million on a monthly basis by using equipment, such as presses, turbines, turbines, smokes, paints, new widths, and earthtooths, etc.

2. Any person who intends to run a motor vehicle management business shall register with the head of the competent Gu pursuant to relevant statutes.

Nevertheless, the Defendant did not register with the head of the competent Gu, and around April 19, 2016, around 15:30, at the same place of business, the Defendant was engaged in the car maintenance business without registration, which was sleeped after the head of the Done Star vehicle and sold and painting the slick part.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site detection photographs and evidence photographs;

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

1. Relevant Article concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (hereafter referred to as "business after installation of unreported standby emission facilities"), Article 79 subparagraph 13 of the Automobile Management Act, Article 53 (1) of the Motor Vehicle Management Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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