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(영문) 서울서부지방법원 2017.12.15 2017고정736
대기환경보전법위반등
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

1. Any person who violates the Air Quality Conservation Act shall be the 5 cubic meters or more, which is an air pollutant emission facility, or 2.25kW’s power as stated in the facts charged.

A person who intends to install at least a seal facility shall be a clerical error in writing in the facts charged by the competent Mayor/Do Governor.

shall be reported to the court.

Nevertheless, the Defendant did not report the installation of air pollutants emission facilities to the competent authority, from October 7, 2015 to April 7, 2017, the Defendant carried out a painting work on the skin of approximately 13.36 cubic meters of the volume of air pollutants, which are air pollutants emission facilities, in the front of Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government Nowon-gu's riverside Safety Zone, from October 7 to April 7, 2017.

2. On February 7, 2017, the Defendant violated the Motor Vehicle Management Act, without registering the motor vehicle management business to the head of the competent Gu, and carried on the motor vehicle maintenance business at the same place as Paragraph 1 of paragraph (1) at around February 17, 2017, such as doing business of operating D motor vehicles, and collecting KRW 60,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The rocketing table of modern automobiles;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) of the Act on the Selection of Punishment for Exemplary, Article 79 and Article 53 (1) of the Automobile Management Act (a point where a report is not filed on the emission facilities of air pollutants), the selection of fines, and the selection of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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