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(영문) 서울서부지방법원 2016.10.27 2016고정1219
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violating the Clean Air Conservation Act is a person engaged in automobile maintenance business under the trade name “C” in Eunpyeong-gu Seoul, and anyone who intends to install air pollution emission facilities shall obtain permission from the competent authority or report to the competent authority.

Nevertheless, on March 30, 2016, the Defendant installed and operated a painting facility in a size of 61.25 cubic meters from the above place without reporting the installation of emission facilities to the competent authority.

2. Any person who intends to run the automobile management business shall register with the competent authorities;

Nevertheless, without registering with the competent authorities, the Defendant operated a motor vehicle management business, such as being equipped with painting operation equipment, such as compressors, paints, and presses, at the above temporary border and place, without being registered with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation (report on detection of persons who violate the Clean Air Conservation Act and Automobile Management Act);

1. Application of a written confirmation and statutes governing field 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 (a point where unregistered air pollution emission facilities are operated), Article 79 subparagraph 13 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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