(영문) 서울북부지방법원 2016.6.21.선고 2016고정1192 판결

When the defendant does not pay the above fine, the defendant shall be the defendant for the period calculated by converting one million won into one day.

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

The defendant's defect in the name of "○○○ (Dong-dong)" in Dongdaemun-gu Seoul Metropolitan Government ○○ (Dong-dong)

A person who conducts an external management business, such as removal of house and luminous house, is a person.

1. Violation of the Clean Air Conservation Act;

Any person who intends to install a standby emission facility shall be the competent Gu as prescribed by Presidential Decree.

shall report to the head of the Gu.

Nevertheless, the defendant does not report to the head of the competent Gu on the installation of air discharge facilities.

and to March 21, 2016, approximately 76.5m of painting facilities (work, building and portion) from October 20, 2015 to March 21, 2016.

Equipment necessary for car painting, such as one air compresseder (1.1kw), etc.

Along with this, the car seal was used.

2. Violation of the Automobile Management Act;

Anyone who intends to operate a motor vehicle management business (motor vehicle maintenance business) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport

shall be registered with the head of the competent Gu pursuant to this section.

Nevertheless, the defendant is registered with the head of the competent Gu (automobile maintenance business).

(2) At the same place as in Paragraph (1), the applicant shall have approximately 76.5m of painting facilities, etc., and shall have a seal, etc.

3. 11.11. 11: OOOOOOO at 07, 000, the back of a passenger car (uses for painting)

The automobile management business (automobile maintenance business) was operated by making use of painting, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates, certificates of illegal acts, and photographs;

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

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 90 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation of unreported emission facilities), and a motor vehicle supervisor

Article 79 subparagraph 13 of this Act, Article 53 (1) of this Act (the point of a registered motor vehicle management business), and the selection of each fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act