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(영문) 서울남부지방법원 2017.08.08 2017고단2789
대기환경보전법위반등
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who engages in automobile maintenance business without trade name on the side side of Yeongdeungpo-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall report it to the head of the competent Gu;

Nevertheless, the Defendant did not report air pollution emission facilities to the head of Yeongdeungpo-gu Seoul Metropolitan Government. On March 16, 2017, the Defendant was equipped with equipment necessary for the car painting and maintenance, such as air compresseders, presses, bricks, paintss, tools, etc., on the street room with a size of 13 square meters used for calculating the work room, and received KRW 50,00,000,000,000,000,000,000,000,000,000,00,000,00,000, for the front of the seat of the D QM6 car.

Accordingly, the defendant was operated without reporting the installation of emission facilities to the head of the competent Gu.

2. Any person who intends to conduct motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of the competent Gu, as prescribed by Ordinance of the Ministry of Land, Transport

Nevertheless, the suspect did not register the automobile management business with the head of Yeongdeungpo-gu Seoul Metropolitan Government, and carried out the automobile management business, such as sealing work on each of the above parts of the automobiles at the above time and at the above place, and received the above amount in return.

Accordingly, the suspect did not register with the head of the competent Gu and carried out the automobile management business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the accusation (the illegal length of vehicles on the street and the maintenance thereof), written statements, written confirmation of detection, 1-17 photograph of detection;

1. Article 90 subparagraph 1 of the Act on the Conservation of Air Quality and Articles 23 (1) (unreported Installation of Emission Facilities and Selection of Fines) concerning facts constituting a crime, and Articles 79 subparagraph 13 and 53 (1) of the Motor Vehicle Management Act (Unregistered Motor Vehicle Management and Selection of Fine);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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