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(영문) 서울북부지방법원 2017.11.02 2017고정1467
대기환경보전법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In Seoul Special Metropolitan City, Nowon-gu, the Defendant is a person who restores the external form of a motor vehicle and takes a luminous address.

1. Any person who intends to install a atmospheric environment conservation facility shall report to the competent Gu/Si/Gun office;

Nevertheless, from October 31, 2014 to April 24, 2017, the Defendant did not report the installation of air emission facilities to the competent Gu office, and installed a seal of approximately 96m2 square meters, which is an air-generating facility, with equipment necessary for the car seal, such as low-tension air compresseders, gas sprayers, smoke cannons, and various kinds of paints, and used the equipment necessary for the car seal.

2. Any person who violates the Automobile Management Act shall register his/her automobile management business with the competent Gu office;

Nevertheless, on April 24, 2017, the Defendant engaged in automobile maintenance business without registering the automobile management business to the competent Gu office at a place like Paragraph 1, and around 13:38 on April 24, 2017, the Defendant engaged in automobile maintenance business, such as spreading to seal the front section of D (individual taxi) even before the front section of D (individual taxi) vehicle.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to request an accusation of a business establishment violating the Automobile Management Act;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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