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(영문) 서울북부지방법원 2017.10.26 2017고정1237
대기환경보전법위반등
Text

Defendant shall be punished by a fine of three 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 restores a car luminous and external form at the place of business, "C" in Seoul Special Metropolitan City, Nowon-gu.

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall report it to the head of the competent Gu;

Nevertheless, on March 22, 2017, the Defendant did not report the installation of air pollutants emission facilities to the head of Nowon-gu in Seoul Special Metropolitan City, but was equipped with equipment necessary for car painting and maintenance, such as presses, sand trading machines, cropers, luminous stacks, various paints, etc., and received 200,000 won in return.

Accordingly, the Defendant installed emission facilities without reporting to the head of the competent Gu, and operated them using such facilities.

2. Any person who intends to conduct a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the competent Gu office under the conditions as prescribed by Ordinance of the Ministry of Land, Transport

Nevertheless, the Defendant conducted a motor vehicle management business without registering the motor vehicle management business to the head of Nowon-gu in Seoul Special Metropolitan City, and received the same amount in return for conducting the motor vehicle management business, such as sealing work on the same section of the motor vehicle at the same time and at the same place.

Accordingly, the defendant did not register with the head of the competent Gu and started automobile management business.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A document to inform a motor vehicle illegal maintenance business establishment;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of painting work rooms);

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 Code of Aggravation of Concurrent Crimes;

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