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(영문) 서울북부지방법원 2016.08.09 2016고정1207
대기환경보전법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who sells a motor vehicle with the trade name “CKa Center” in Dongdaemun-gu Seoul Metropolitan Government.

A person who has received an order to close emission facilities using the emission facilities without filing a report on the installation of the emission facilities in the competent Gu office shall comply therewith.

Nevertheless, the Defendant, without filing a report on the installation of a standby emission facility, ordered the competent Gu office to close the emission facility on October 29, 2015, when he/she installed and used a motor vehicle seal facility, such as a 59.9 cubic meters of the volume of the standby emission facility, 2.25KW, but did not comply with the order of closure until March 22, 2016, such as sealing of D vehicles using the above emission facility, around February 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the accusation of any workplace violating the atmospheric environment conservation Act, written accusation, written statement, written confirmation, related photographs, official notices of administrative disposition (order of closure), and written order of administrative disposition;

1. Relevant Article of the Act on the Preservation of Air Quality and Articles 89-5 and 38 of the Act on the Selection of Penalties concerning Criminal Facts;

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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