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(영문) 서울중앙지방법원 2014.07.03 2014고정2749
자동차관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a motor vehicle maintenance business under the trade name B.

1. A person who intends to run a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of Si/Gun/Gu, but has operated a motor vehicle maintenance business place with the trade name of B located in Gangnam-gu Seoul Metropolitan Government C without registering the said business;

On March 5, 2014, at around 14:20, the Defendant carried out a painting work, such as spreading the part of the DK7 car before and after DK7 car owned by customers in the name of the Defendant.

2. A person who intends to install air pollution emission facilities in a painting facility with a volume of at least 5 cubic granular matter or gas-generating facility in violation of the Clean Air Conservation Act, despite obtaining permission or filing a report with the Mayor/Do governor, the Defendant, without such fact, discharged personal substances from the outside while operating the said car painting shop with a volume of 64.56 cubic metres.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to field photographs and floor area photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparagraph 13 and 53 (1) of the Motor Vehicle Management Act (the point of a unregistered motor vehicle management business), subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (the point of operating emission facilities without permission), and the selection of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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