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(영문) 인천지방법원 2016.09.09 2016고정2262
자동차관리법위반등
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 the management business inside and outside of a vehicle in Gyeyang-gu, Incheon.

1. Any person who intends to conduct motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu;

Nevertheless, from October 12, 2013 to May 27, 2016, the Defendant, in order to eliminate the partial defects on the surface of the vehicle against many unspecified customers at the above location, engaged in the operation of cutting or painting parts of the body by using the compact press devices on the parts of the defects, without registering it with the competent authorities.

2. A facility, machine, apparatus or other object discharging air pollutants in violation of the atmospheric environment conservation Act, which is prescribed by Ordinance of the Ministry of Environment, shall install the air pollutants after obtaining permission or making a report thereon from the Minister of Environment, or operate them using such emission facilities;

Nevertheless, the defendant, at the same time and place as the above Paragraph 1, installed air pollutants emission facilities (a seal facility with a project site capacity of at least 5 cubic meters) which emit pollutants outside the place of business in the course of conducting color work.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting the crime, Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (in violation of the Automobile Management Act), subparagraph 1 of Article 90, and Article 23 (1) of the Air Quality Conservation Act (in violation of the Act on the Conservation of Air Environment), and selection of fines, respectively;

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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