A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

1. The Defendant in violation of the Clean Air Conservation Act is a person who operates a motor vehicle board painting business with “C” on Seongdong-gu Seoul Metropolitan Government B and 1st floor.

Any person who intends to install or operate emission facilities using emission facilities shall obtain permission or report to the competent authorities.

Nevertheless, at around 16:50 on June 17, 2019, the Defendant, without reporting to the competent authority, placed one air compressed machine (Korean Compact shower) 2-mam in 74.8 cubic meters (3.2m x vertical length 2.6m x height 9m) in the painting facility in the above business establishment, and affixed a seal on the front and the rear part of the D-do motor vehicle.

In addition, the Defendant used the discharge facilities without reporting from October 26, 2018 to October 27, 2019.

2. Any person who violates the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, the Defendant did not register the motor vehicle management business with the head of the competent Gu on June 17, 2019, and carried out the business without registration by sealing the vehicles requested from the customers in the name-free place of business from October 26, 2018 to October 27, 2019, as well as from the “C” place of business as listed in paragraph (1) at the “C” place of business on June 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Application of statutes on site 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 of operating emission facilities not reported, choice of imprisonment), Article 79 subparagraph 13 of the Automobile Management Act, and Article 53 (1) of the Automobile Management Act (a point of operating an unregistered automobile management business, or choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.