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(영문) 인천지방법원 2020.08.14 2020고정224
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to install an emission facility identical with a painting facility for violating the Clean Air Conservation Act shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, from October 2, 2019 to October 12, 2019, the Defendant, without reporting to the competent authority at a workplace without a trade name in Yeonsu-gu Incheon Metropolitan City B, carried out a used car painting work for a gallon 2 of the presses of 3.5mam power, which connects the presses for seals to the presses of 3.5mam power, and a gallon 2 of which the owner cannot be identified.

Accordingly, the Defendant installed emission facilities without reporting to the competent authorities, and operated them using the emission facilities.

2. A person who intends to run a motor vehicle management business violating the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu.

Nevertheless, from October 2, 2019 to October 12, 2019, the Defendant carried out a seal work on the gallon 2, gallon 2, galloning, and galurg galging vehicles, the owner of which is not known without being registered with the competent authority at a workplace without trade name in Yeonsu-gu Incheon Metropolitan City B.

Accordingly, the defendant operated a motor vehicle maintenance business without being registered with the competent authority.

Summary of Evidence

1. Application of C’s written statement in the Defendant’s court statement to the scene of detection and photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 90, Article 23 (1) of the former Clean Air Conservation Act (Amended by Act No. 16604, Nov. 26, 2019); Articles 79 subparagraph 13, and 53 (1) of the Automobile Management Act; the selection of fines for each case;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect the instant crime.

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