logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.11.23 2018고단2955
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant is a person who operates a motor vehicle maintenance business with the trade name “C” in Seongdong-gu Seoul Metropolitan Government.

1. A person who intends to install an emission facility of air pollutants (hereinafter referred to as "discharge facility") in violation of the atmospheric environment conservation Act shall obtain permission from the Mayor/Do Governor or file a report thereon with the Mayor/Do Governor, as prescribed by Presidential Decree, and a painting facility the volume of which is at least five cubic meters or the power of which is at least 2.25km is emission

The Defendant, without reporting to the competent Mayor/Do Governor on July 4, 2018, installed an automobile painting facility of the size of 67.3 cubic meters at the above site, and installed one air compresseder, presses, bricks, and paints, and operated the business using the waste-generating facility in front of and after the DNA motor vehicle.

2. Any person who intends to conduct a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of Ministry of Land

The Defendant did not register with the competent authority, and operated the automobile maintenance business without being equipped with the facilities and equipment such as the date, time, place, and the preceding port, with the repair cost of KRW 100,000,00,000, before and after the D SP car.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of detection;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 90 subparagraph 1 and 23 (1) of the relevant Act on the Conservation of Air Quality (the point of installation of non-reported discharging facilities and operation of discharging facilities), Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (the point of operation of non-registered motor vehicle management business) of the relevant Act on the facts constituting an offense, and the selection of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had been punished several times for the same crime, was committed again.

However, the defendant is recognized to commit a crime, has depthed, and the scale of the crime is other.

arrow