Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

Defendant

A above.

Punishment of the crime

Defendant

A is a person who is engaged in the automobile maintenance business, and Defendant B is a company that employs Defendant A and has engaged in the automobile maintenance business at the place of business of B corporation located in Dobong-gu Seoul Metropolitan Government.

1. Defendant A

(a) Where any person who violates the Clean Air Conservation Act intends to install and operate facilities emitting air pollutants, such as painting facilities and drying facilities, he/she shall obtain permission from the competent administrative agency;

Nevertheless, from June 2012 to July 8, 2013, the Defendant used approximately 106 cubic meters of facilities emitting air pollutants, which were installed without obtaining permission from the Seoul Metropolitan City Mayor, the competent administrative agency, and operated using one unit of facilities emitting air pollutants from June 2012 to July 8, 2013.

(b) Where an automobile user intends to maintain a motor vehicle, he/she shall maintain the motor vehicle within the extent prescribed by Ordinance of the Ministry of Land,

Nevertheless, the defendant does not have the comprehensive maintenance business and the automobile maintenance facilities in accordance with the standards for the facilities of small automobile maintenance business prescribed by the Enforcement Rules of the Automobile Management Act, the Seoul Metropolitan Government Ordinance on the Criteria for Registration of Automobile Management Business.

As set forth in paragraph, car painting work was conducted.

2. Defendant B Co., Ltd. committed a violation as set forth in the above 1 in relation to Defendant A’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements of D;

1. A checkup certificate;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 89 Subparag. 1, Article 23(1) of the Clean Air Conservation Act (the point of operating air pollutant emitting facilities without permission), Article 81 Subparag. 21, Article 36(4) of the Automobile Management Act (the point of operating air pollutant emitting facilities beyond the scope of improvement), and selection of fines, respectively;

B. Defendant B Co., Ltd.: Articles 95, 89 subparag. 1, and 23(1) of the Clean Air Conservation Act (the point of operating air pollutant emitting facilities without permission).