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(영문) 서울동부지방법원 2017.09.26 2017고정1033
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who sells a motor vehicle with the trade name “D” in Gangdong-gu Seoul Metropolitan Government.

1. Any person who intends to install a atmospheric environment conservation facility shall report to the competent Gu/Si/Gun office;

Nevertheless, from March 2014 to March 23, 2017, the Defendant did not file a report on the installation of air emission facilities with the competent Gu office, which is located within the 99.8 cubic meters of air emission facilities, and used the equipment necessary for the car painting, such as power-driven air compresseders, presses, strings, bricks, mortars, hedges, and various paints, at the painting facility located within the 99.8 cubic meters of air emission facilities.

2. Any person who violates the Automobile Management Act shall register his/her automobile management business with the competent Gu office;

Nevertheless, the Defendant, at the same place as Paragraph 1, did not register the motor vehicle management business to the competent Gu office, and operated the motor vehicle maintenance business on March 23, 2017, such as sealing the right panion of the E vehicle on March 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on detection of any person who violates the atmospheric environment law and the Automobile Management Act);

1. Application of Acts and subordinate statutes to a statement of verification of facts and maintenance of automobiles committed in violation;

1. Relevant legal provisions of the Act on the Conservation of the Air Quality, and Articles 90 subparagraph 1, 23 (1) of the Act on the Selection of Air Quality (Installation of Unreported Discharge Facilities), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act concerning facts constituting the crime, and the selection of fines;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes shall be determined as ordered in consideration of the fact that the defendant has a history of being subject to criminal punishment for a violation of the Automobile Management Act, the period of violating the Air Quality Conservation Act, the degree of profits, and the family relationship of the defendant at the trial of this case.

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