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(영문) 서울북부지방법원 2016.04.22 2016고정534
대기환경보전법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Any person who intends to install at least five cubic meters of air pollutants in a volume shall install a facility and report it to the competent authority, as prescribed by the relevant statutes.

Nevertheless, the Defendant, without reporting air pollutants emission facilities to the competent authority from September 1, 2012 to September 18, 2015, operated an automobile maintenance business under the name of “C” in Dongdaemun-gu Seoul, Dongdaemun-gu, and operated the automobile maintenance business from September 201 to September 2015. The Defendant, at the painting work room of size of 39.5 cubic meters, carried out a business of raising the average monthly sales of KRW 3 million by sealing the vehicles requested by unspecified customers using the said facilities, such as one thrower, presses, 2ndes, 1sts, 1sts, 1sts, and 1sts, and 30 millions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 90 subparagraph 1 of the relevant Act and Articles 23 (1) of the Act on the Conservation of the atmospheric Environment through which a penalty is selected for committing a crime;

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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