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(영문) 서울북부지방법원 2019.01.15 2018고정1693
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 emission facilities of at least five cubic meters in cubic meters from the volume shall obtain permission from the competent Mayor/Do Governor or report thereon to the competent Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, at around 11:05 on August 28, 2018, the Defendant, without reporting to the competent Mayor/Do Governor, carried out a car painting operation by having the equipment, apparatus, etc. necessary for the car painting, such as pressing 1, a exhauster, string, string, string, string, and 2.8m high) in the car repair shop located in Dongdaemun-gu Seoul Metropolitan Government, namely, “C”, which is located in “C”, and the volume of 53.3 cubic meters in cubic meters in cubic meters (=5.6m x 3.4m in vertical length x 2.8m in height).

2. Any person who violates the Automobile Management Act shall register his/her automobile management business with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, the defendant, without being registered with the competent authority, has maintained the vehicle as stated in the above paragraph (1) and operated the unregistered motor vehicle management business.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates of detection;

1. Application of Acts and subordinate statutes on measurement photographs of workplaces;

1. Relevant Article concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point where emission facilities of unreported air pollutants are installed), Article 79 subparagraph 13 of the Automobile Management Act, Article 53 (1) of the Automobile Management Act, and selection of fines;

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

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