Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who operates a motor vehicle external restoration enterprise under the trade name of “D” in Gyeyang-gu Incheon Metropolitan City.

Where a person intends to install a painting facility, the amount of fuel usage of which exceeds 60 kilograms per hour, or the volume of which exceeds 5 cubic meters, he/she shall file a report on installation of air emission facilities with the competent authority.

Nevertheless, from July 24, 2008 to November 20, 2012, the Defendant did not file a report on the installation of air emission facilities with the competent authority, and installed approximately 84 cubic meters of seal facilities, which are air pollutants emission facilities, and operated using materials necessary for car painting, such as presses, paints, and drying machines.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (report attached to relevant Acts and subordinate statutes), investigation report (examination and attachment report by the Statistics Korea Standard Industrial Classification Office), investigation report (report attached to air pollutants emitting facilities related to the funeral facilities);

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes on documentary evidence;

1. Relevant provisions of the Act and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act concerning the selection of punishment for a crime;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. The defendant and his defense counsel asserted that the non-motor vehicle restoration company operated by the defendant is only a minor part of the waiting emission facility under the Clean Air Conservation Act, not a waiting emission facility under the Clean Air Conservation Act, and because they trust the civil petition reply on July 15, 2004 and the inquiry reply on July 1, 2008, there was no awareness of illegality and there was a justifiable reason therefor

However, according to the enforcement rules of the Clean Air Conservation Act from January 1, 2010, in air pollutants emission facilities, the quantity of fuel used among air pollutants generated in the air pollutants is not less than 60 kilograms per hour or not less than 5 cubic meters per hour.