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(영문) 서울동부지방법원 2018.12.12 2018고단3418
대기환경보전법위반등
Text

Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person who engages in automobile maintenance business under the trade name of “C” in Songpa-gu Seoul Metropolitan Government.

1. Any person who intends to install a atmospheric environment conservation facility shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting the installation of air emission facilities to the head of the competent Seoul Special Metropolitan City, installed the air emission facilities, such as installing painting work site (the contents of which are 64.15 cubic meters) at the above “C” business site from June 2016 to May 14, 2018.

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, Infrastructure and Transport.

Nevertheless, on May 14, 2018, the Defendant did not register the automobile maintenance business with the head of Songpa-gu, and installed the same equipment as that set forth in paragraph 1 at the said place of business on May 14, 2018, and maintained the automobile maintenance business from April 15, 2017 to May 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes reporting criminal place

1. Selection of imprisonment with prison labor under Article 90 subparagraph 1 of the Act on the Conservation of Air Quality, Article 23 (1) of the same Act, Article 79 subparagraph 13 of the Automobile Management Act, and Article 53 (1);

1. Aggravation of concurrent crimes: Articles 37 and 38 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation: Criminal Act 62-2;

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