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(영문) 서울남부지방법원 2017.09.01 2017고단2791
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 14, 2017, the Defendant violated the Air Quality Conservation Act: (a) around 13:31, the head of Geumcheon-gu Seoul Metropolitan Government, without reporting the installation of air pollutants emission facilities to the head of the competent Gu, the Defendant was equipped with the head of the competent Gu, who is an air pollutant emission facility, such as power generator, air compresseders, straws, sandbox, various paints, and straws, with equipment necessary for maintaining the car, and affixed a seal on the crivero vehicle’s gate, right gate part, the calculation volume of which is approximately 17.63 cubic meters.

Accordingly, the Defendant installed air pollutants emission facilities without reporting.

2. From June 26, 2015 to April 7, 2017, the Defendant violated the Automobile Management Act, without registering the automobile management business to the head of the competent Gu at the place specified in paragraph 1, and with the facilities specified in paragraph 1, carried out a motor vehicle management business, which is a motor vehicle maintenance business involving gold and painting, without registering the motor vehicle management business to the head of the competent Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A certificate of detection;

1. Evidence photographs;

1. Investigation report (Report on the calculation of the outdoor map site location);

1. Application of Acts and subordinate statutes of Part I to the motor vehicle registration ledger and the motor vehicle specifications;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 90, Article 23 (1) of the Act on the Conservation of the Air Quality (a point of installation of unreported emission facilities), Articles 79 and 53 (1) of the Automobile Management Act (a point of the unregistered motor vehicle management business), and choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 of the same Act shall be subject to criminal punishment on three occasions due to a violation of the Automobile Management Act since 2014;

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