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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Any person who intends to run 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, the defendant did not register with the competent authority on June 30, 2016, and had approximately approximately approximately 153.3 cubic meters of work from "D" in the name of "D" in Gwanak-gu in Seoul Special Metropolitan City on June 30, 2016, and operated a motor vehicle management business, such as repair and painting of the door of the E vehicle, with various tools, such as paints, presses, and compressions.
2. Any person who intends to install emission facilities shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree;
Nevertheless, the Defendant did not report to the competent authorities, and installed the above seal facilities at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of a written confirmation of detection and statutes on site photographs;
1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (a point of a unregistered motor vehicle management business), subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation of facilities not reported), the selection of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has a record of being sentenced to a fine several times for the same crime, the sentence is to be imposed in consideration of the following circumstances: (a) the accused is recognized to commit the crime and reflects the same; (b) the accused has no criminal record of the suspended sentence or more; (c) the accused is a living-type crime and is capable of removing illegal facilities; and (d) the accused’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (e) the circumstances