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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
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 file a report with the Mayor/Do Governor under relevant statutes;
Nevertheless, on April 9, 2018, the Defendant installed air pollutants emission facilities by installing gas sprayers, air compresseders, smoke pressers, gas soil, paint, etc. to portable maintenance vehicles on the front side of the tunnel 2 tunnels located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.
2. Any person who violates the Automobile Management Act shall register with the head of a Si/Gun/Gu pursuant to relevant Acts and subordinate statutes;
Nevertheless, the defendant did not make the above registration and carried out the automobile management business without being equipped with the equipment, etc. for painting on the maintenance vehicle, and with the seal affixed to B mixed air code car on the right upper part of the passenger vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A written accusation;
1. Application of statutes on site photographs;
1. Relevant Article 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 an emission facility of air pollutants is installed), Articles 79 subparagraph 13, and 53 (1) of the Self-Managed Vehicle Management Act (a point where a unregistered motor vehicle management business is operated), and choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;
1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are the confession of the defendant, the defendant has been sentenced to a 13-time fine only for the same criminal offense, and the defendant has been sentenced to the punishment by taking full account of the following circumstances as shown in the records of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.