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(영문) 서울남부지방법원 2020.04.28 2020고정682
대기환경보전법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant was a person who operated a non-motor vehicle restoration business under the trade name of Yeongdeungpo-gu Seoul Metropolitan Government C.

1. Any person who intends to install emission facilities of air pollutants shall report to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, at around 16:02 on October 28, 2019, the Defendant, without reporting the installation of an air pollutant emission facility to the head of the competent district office from November 28, 2015 to October 28, 2019, with approximately 60 square meters of volume, equipped with equipment and materials necessary for the car seal, such as seal facilities, pressings, air compressions, heat drying machines, and various paints, and operated a monthly average of approximately 3 vehicles, and thereby raising a sales amount of approximately 300,000 won on an average monthly basis, thereby not reporting the installation of an air pollutant emission facility.

2. Any person who violates the Automobile Management Act shall register his/her automobile management business with the head of the competent Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, at around 16:02 on October 28, 2019, the defendant, without registering the motor vehicle management business (motor vehicle maintenance business) to the head of the competent Gu, carried on the motor vehicle management business for sealing and painting the wheeler and the wheeler of the Dinden vehicle at the above location, EK9 vehicle management business.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Detection site photographs;

1. Application of Acts and subordinate statutes governing verification of detection;

1. Relevant Article 90 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the same Act concerning facts constituting a crime, subparagraph 13 of Article 79 of the Automobile Management Act, and Article 53 (1) of the same Act concerning the selection of fines;

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)1 of the Criminal Act for the detention of a workhouse;

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