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(영문) 수원지방법원 안산지원 2015.09.18 2015고정1230
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who displays a motor vehicle luminous and partial color, etc. with the trade name “C” in Silung-si B.

1. A person who intends to run an automobile management business in violation of the Automobile Management Act shall register the automobile maintenance business with the competent authority;

Nevertheless, at around 10:20 on April 22, 2015, the Defendant did not register a motor vehicle maintenance business with the competent authority at 66 square meters of the above business place “C” business, and carried out painting work by putting an unspecified customer into a press box by mixing the presses, shoes, etc. with the presses.

Accordingly, the defendant is running a unregistered automobile maintenance business.

2. Any person who intends to install a facility emitting air pollutants in violation of the Clean Air Conservation Act shall file a report with the competent authority, and shall not operate the facility emitting air pollutants on which no report has been filed;

Nevertheless, the Defendant, at the above time and place around January 2015, operated without reporting to the competent authorities on painting facilities (used 10.8 cubic meters) installed on the same day and place.

As a result, the Defendant used air pollutant emitting facilities, which were not reported to the competent authorities, and operated as above.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection of D;

1. Application of related Acts and subordinate statutes;

1. Relevant Article of facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a violation of a report on the installation of emission facilities), subparagraph 13 of Article 79 of the Automobile Management Act, Article 53 (1) of the Automobile Management Act, and 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) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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