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(영문) 서울남부지방법원 2017.06.22 2017고단1875
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for a period of five months.

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 Mayor/Do Governor or report to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, at around 11:00 on February 28, 2017, the Defendant, without filing a report on the installation of air emission facilities with the competent authority, injected air air compresseders into the southwest of Yong-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, and installed Bone Star Sheet, a vehicle owned by the Defendant, which is an air pollutants that are air pollutants used to compulsorily heat and process them after the pressing.

2. Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;

Nevertheless, the Defendant did not register with the competent authority, at the above time, and at the above time and place, installed tools, such as the air compressioner and presses, to inject the paints into the air compresseder, and forced it to divide it into presses, and carried out a motor vehicle management business by receiving KRW 20,000 from the borrower of the Drocketing and other motor vehicles, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written accusation;

1. Application of the Acts and subordinate statutes on the site photographs, investigation reports (the timely calculation of painting work rooms), copies of answers to inquiries by the Ministry of Environment, and of the written answer to inquiries by the Ministry of Environment;

1. Relevant Article of the Act on the Conservation of the atmospheric environment, subparagraph 1 of Article 90 and Article 23 (1) of the Act on the Selection of Air Quality, Article 79 and Article 53 (1) of the Automobile Management Act, and the selection of imprisonment with prison labor for the crimes;

1. The Defendant for reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was punished more than ten times due to the same crime. In around 2015, the Defendant again committed the instant crime even though he was sentenced to a suspended sentence of imprisonment for April in 2015.

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