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(영문) 인천지방법원 2015.11.05 2015고정3065
자동차관리법위반등
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 running a motor vehicle management business with the trade name of the Nam-gu Incheon Metropolitan City B “C”.

1. Anyone 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, from February 1, 2015, the Defendant run a motor vehicle management business without registering facility standards and maintenance business at the same place, and around July 13:50, 2015, around July 1, 2015, the Defendant carried out the management business of the motor vehicles without registering the business of maintaining facilities, and carried out sand and sand transactions before the front of the DST5 vehicle, sand and sand transactions in front of the right line, the right line, and the right line.

In this respect, the Defendant run a unregistered motor vehicle management business.

2. Any person who intends to install a facility, machine, apparatus or other object that emits air pollutants into the atmosphere and which is prescribed by Ordinance of the Ministry of Environment shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant used a compliance press stamp facility at the place where the date and time indicated in the above 1. Paragraph 1. are at least five cubic meters, thereby doing DM5 vehicle painting and sand trading work across the country.

Accordingly, the defendant did not report the installation of discharge facilities to the competent Mayor/Do Governor.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparag. 13, 53 (1) of the Motor Vehicle Management Act (the point of any unregistered motor vehicle maintenance business), Articles 90 subparag. 1, 23 (1) of the Clean Air Conservation Act (the point of installation of facilities emitting air pollutants which have not been reported), and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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