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(영문) 서울동부지방법원 2017.01.13 2016고정1796
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to run a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu in accordance with Ordinance of the Ministry of Land, Transport;

Nevertheless, the Defendant, without being registered with the competent authority on April 19, 2016, was equipped with paints, compressors, and various repair tools, etc. at the workplace of approximately 63.57 square meters in Gangdong-gu Seoul Metropolitan Government around April 19, 201, and received KRW 59,000 at the work cost.

In this respect, the Defendant carried out unregistered automobile management business.

2. Any person who intends to install emission facilities of air pollutants violating atmospheric environment conservation Act shall obtain permission from the Minister of Environment or report to the Minister of Environment;

Nevertheless, the defendant did not report at the above time and place, and did the above operation using emission facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) (a) of the Act on the Preparation of Unreported Emission Facilities), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act (a point of operating unregistered motor vehicle management business), and selection of fines, respectively, concerning facts constituting a crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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