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(영문) 서울동부지방법원 2017.10.31 2017고정1255
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who engages in automobile external management business under the trade name of “C” in Songpa-gu Seoul Metropolitan Government.

1. Any person who intends to install a atmospheric environment conservation facility shall report to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the head of the competent Gu, has carried out his/her seal work using a seal work room of about 46 cubic meters from April 8, 2015 to May 16, 2017 (the work room in parallel with work for division, building, and separation) and an open space (the name 2.04 E-mail).

2. Any person who violates the Motor Vehicle Management Act shall register his/her motor vehicle maintenance business with the head of the competent Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant, without registering with the head of the competent Gu, equipped with painting facilities, etc. of approximately 46 cubic meters in cubic meters on April 20, 2017, the Defendant carried out a motor vehicle management business (motor vehicle maintenance business) carrying out the front seal of the DNA code vehicles at around 20:50 on April 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of investigation reports (the atmospheric environment conservation act, the detection report of any person who violates the Automobile Management Act), and Acts and subordinate statutes governing field photographs;

1. Relevant legal provisions of the Act on the Conservation of the Air Quality, and Articles 90 subparagraph 1, 23 (1) of the Act on the Selection of Air Quality (Installation of Unreported Discharge Facilities), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act concerning facts constituting the crime, and the selection of fines;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are committed by the Defendant, shall be determined as ordered in consideration of the sentencing conditions set forth in the trial of this case, including the fact that the Defendant has a history of being subject to four times criminal punishment due to a violation of the Automobile Management Act, etc., the period of violation of the Air Quality Conservation Act, the degree of profits, and the fact of living criminals.

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