A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates a motor vehicle maintenance business in the name of "C" in Dongdaemun-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree, and shall not conduct any business using unreported emission facilities;

On July 26, 2017, the Defendant, without reporting to the competent authority, installed various tools necessary for the car painting at the workplace of approximately 164 cubic meters from C, from around July 26, 2017, and operated D-to-face d-to-faced vehicles, such as selling and painting.

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

However, the Defendant did not register with the competent authorities, provided various tools, etc. necessary for the car plate and painting, such as the same time, place, air compresseders, contacters, and smoke straws, and provided the automobile maintenance business, such as repairing and sealing the automobile with D A-to-purd motor vehicle and receiving repairing costs of KRW 50,000,000.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. E statements;

1. Accusation of a motor vehicle maintenance business establishment, application of statutes governing enforcement sites photographs;

1. Provisions of the Acts and subordinate statutes on criminal facts, subparagraph 1 of Article 90 and Article 23 (1) of the Act on the Conservation of the atmospheric environment, the selection of penalties, Articles 79 and 53 (1) of the Automobile Management Act, 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 of the suspended sentence is likely to debrisate the crime even though the defendant had been punished for the same crime.

However, the Defendant committed the instant crime as a means of livelihood to recognize and reflect the Defendant’s criminal act, and the circumstances that make it difficult for persons with disabilities, and the Defendant’s age, sex, motive and means of the criminal act, and the circumstances after the criminal act.