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(영문) 서울중앙지방법원 2020.01.09 2019고단6943
대기환경보전법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to install a painting facility with a volume exceeding five cubic meters or 2.25KW, which is an emission facility of air pollutants, shall report to the head of the competent Gu;

Nevertheless, from July 25, 2018 to June 11, 2019, the Defendant did not report the installation of air pollutants emission facilities to the head of the competent authority on the street of 478 (the vicinity of the main mountain field, the mountain area, the mountain area, and the mountain area) as in Gangnam-gu, Seoul, and provided outdoor painting facilities of approximately 13.42 cubic meters, which are air pollutants emission facilities, with equipment necessary for motor vehicle painting and maintenance, such as air compresseds, strings, sand presses, and various kinds of paints.

2. Any person who intends to run a motor vehicle management business shall register with the head of the competent Si/Gun/Gu.

Nevertheless, the defendant carried out a motor vehicle maintenance business without registering the motor vehicle management business to the competent Gu office at the above date, time and place, and without registering the motor vehicle management business, by carrying out a seal work with the repair cost of 20,000 won for the front of the franchise vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates of detection of defendants;

1. C’s statement;

1. A written accusation and a photograph of the detection site;

1. Application of Acts and subordinate statutes to investigation reports (reports on suspect's measurement of outdoor gambling facilities) and investigation reports (reports on a violation of the Standby Conservation Act);

1. Relevant legal provisions and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act, and the selection of fines for each crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was sentenced to a fine for the same kind of crime.

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