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(영문) 서울북부지방법원 2017.12.15 2017고정1866
대기환경보전법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a vehicle luminous and external restoration company under the trade name of Seongbuk-gu Seoul Metropolitan Government “C”.

1. Any person who intends to install a painting facility in at least five cubic meters, which is an emission facility for air pollutants violating the atmospheric environment conservation Act, shall report thereon to the competent administrative agency, and shall not conduct business using any unreported emission facility

Nevertheless, the Defendant did not file a report on the installation of emission facilities with the competent administrative agency, and operated his/her business using the seal facilities, such as presses, sand sales machines, glass, glass, and various paints, in a space of 68 square meters of the said business establishment from May 20, 2017 to August 16, 2017.

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;

Nevertheless, the Defendant did not register a motor vehicle management business with the head of the competent Gu, and operated the motor vehicle management business by using presses, etc. from May 20, 2017 to August 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written confirmation of detection and the application of statutes;

1. Relevant Article of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) (the occupation of operating non-reported discharging facilities), Article 79 subparagraph 13, and Article 53 (1) (the occupation of a non-registered motor vehicle management business) of the Automobile Management Act, 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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