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(영문) 서울남부지방법원 2019.10.30 2018고정1030
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a motor vehicle external management company called "C" in Gangseo-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities of air pollutants shall report to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the head of Gangseo-gu on the installation of air pollutants emission facilities from September 17, 2017 to April 4, 2019, was equipped with one air compresseder, gas sprayers, one drying machine, and all kinds of paints in painting facilities from around 50.4 cubic meters to April 4, 2019 with equipment necessary for car painting.

2. Any person who violates the Automobile Management Act shall register his/her automobile management business with the head of the competent Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, at around 15:00 on February 21, 2018, the Defendant, without registering the automobile management business (automobile maintenance business) with the head of the Gangseo-gu office, was equipped with the seal facilities, etc. of approximately 50.4 cubic meters from the above place, and sealed the part behind the steering of the temporary number plate D Daco or a car, which is located behind the steering of the temporary number plate in the same place. On April 13:40, 2018, the Defendant was equipped with the seal facilities, etc. of approximately 50.4 cubic meters in cubic meters at the same place, and carried on the automobile management business (automobile maintenance business) at the same place as on April 13:37, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each G statement;

1. The head of each accusation, each written confirmation of detection, and each detection field photograph;

1. Application of Acts and subordinate statutes to report on investigation (report on detection of persons who violate the Clean Air Conservation Act and Automobile Management Act);

1. Relevant Article of the relevant Act and Article 90 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation of unreported emission facilities), Article 79 subparagraph 13 of the Automobile Management Act, and Article 53 (1) of the Automobile Management Act shall be unregistered;

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