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(영문) 서울동부지방법원 2016.09.27 2016고정1465
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in automobile maintenance business under the trade name of “C” in Songpa-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall report thereon to the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent administrative authority, has carried out his/her duties using a seal work room of approximately 77.22 cubic meters from November 2014 to May 23, 2016 (the work room concurrently carrying out work, building and separation) and one air compresseder (1.5kw).

2. Any person who intends to operate a motor vehicle management business shall register with the head of the Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant, without being registered with the competent administrative authority, was equipped with a painting facility of approximately 77.22 cubic meters in the same place as that of paragraph (1) at the same time as that of paragraph (1), and carried out a motor vehicle management business in which the Defendant, on April 26, 2016, carried on the front and rear of the D vehicle and carried on both pans.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a written confirmation, a photo at the control site, an investigation report, a shop lease contract, and a business registration certificate;

1. Article 90 subparagraph 1 of the relevant Act and Articles 90 and 23 (1) of the Act on the Conservation of Air Quality (the installation of unreported emission facilities, the selection of fines), Article 79 and Article 53 (1) of the Automobile Management Act concerning criminal facts (the occupation of unregistered motor vehicle management projects 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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