A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

The Defendant is a person who runs a motor vehicle-type management business under the trade name of Seongdong-gu Seoul Metropolitan Government “C”.

1. Any person who intends to install emission facilities shall report to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not report to the competent authority, from September 15, 2018 to July 28, 2020, installed a painting facility of approximately 81.4 cubic meters from the above “C” from September 15, 2018, and used air compresseders, presses, dryings, and various paints, etc.

Accordingly, the defendant did not report to the competent authorities, and installed a seal facility, which is an emission facility, and operated using it.

2. Any person who violates the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, on May 13, 2020, the Defendant, without registering with the head of the competent Gu, installed a painting facility as described in Paragraph 1 of Article 1 of the Act, and used a tool to seal the car, used the tool to receive KRW 100,000 as a tool equipment, and carried out the entire painting, excluding even after the front and rear door of the driver’s seat of the rocketing and the front door of the car in which it is impossible to identify the number.

Accordingly, the defendant operated the automobile management business without being registered with the head of the competent Gu.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's written statement E disclosure confirmations, photographs and accusations;

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 of installation of facilities not reported), Article 79 subparagraph 13 of the Automobile Management Act, Article 53 (1) of the Automobile Management Act, and selection of imprisonment with labor for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: