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(영문) 서울남부지방법원 2017.09.22 2017고정1433
대기환경보전법위반등
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

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report on the installation of emission facilities with the competent authority from January 28, 2016 to May 25, 2017, installed an air pollutant emission facility by placing an air compresseder and presses, which are sealing facilities, on the front side of the intersection located in Guro-gu Seoul Metropolitan Government, on the roads of the intersection located in the Dong-gu, Guro-gu, Seoul, and inserting the paint to the said air compresseder by inserting it into the frame and forcing it into a frame, and installing the air pollutant emission facility.

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

Nevertheless, without registering with the competent authorities, the Defendant carried out a motor vehicle management business by receiving KRW 100,000,000 from the borrower of Branchis and Cone Starex motor vehicle in the above manner, at the same time, at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes governing the detection photographs;

1. Relevant legal provisions of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) of the Act on the Selection of Air Quality (a point where air pollutants emission facilities are installed), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act (a point where unregistered motor vehicle management business is operated), and selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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