A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant is a person who operates the “C” as a motor vehicle maintenance business entity in the first floor of the building located in Seongdong-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities or to run any business using such emission facilities shall file a report with the competent authority;

Nevertheless, the Defendant, without reporting to the competent authority from August 2018 to November 15, 2018, operated the said “C” using air discharge facilities, approximately 76.44 cubic meters, installed in the said enterprise, to use air compresseders, painting gas sprayers, smoke bags, paints, etc., on an average of 50 motor vehicle seals, etc. of one month.

2. Any person who intends to run an automobile management business violating the Automobile Management Act shall register with the competent authorities;

Nevertheless, the Defendant did not register with the competent authority, and carried on the motor vehicle management business at the above “C” from August 2018 to November 15, 2018, and at the average of 50 motor vehicle seals per month using the same method as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written statements prepared in D;

1. Application of statutes on site photographs;

1. Relevant Article concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (hereafter referred to as "unregistered emission facilities," collectively), Article 79 subparagraph 13 of the Automobile Management Act, and Article 53 (1) of the Motor Vehicle Management Act (hereafter referred to as "unregistered motor vehicle management business," collectively);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) was that the Defendant committed a second offense in spite of the record of criminal punishment for the same kind of crime in this case, and the liability for the crime is not easy.

However, the defendant recognizes all of the crimes.