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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] The Defendant was subject to criminal punishment nine times due to the violation of the Air Quality Conservation Act or the Automobile Management Act, including the issuance of a summary order of a fine of five million won at the Seoul Eastern District Court on April 20, 2018.
[Criminal facts] The Defendant is operating a motor vehicle board and painting business with “C” in Seongdong-gu Seoul Metropolitan Government.
1. Any person who intends to install and operate a emission facility of air pollutants violating the atmospheric environment conservation Act shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;
Nevertheless, on July 4, 2018, the Defendant, at around 15:40 on July 4, 2018, was equipped with approximately 130 cubic meters of the compact presses 2.5 Mar. 5, 201, 200, two presses, and 1 presses, etc., and sealed the part of the DM5 car before and after the string of the d SM5 car.
2. Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
The Defendant, without registering to the head of the competent Gu, received KRW 1.50,000 at the same time and place as the preceding paragraph, and operated a motor vehicle maintenance business by carrying out various fences before and after the top of the operation of DSS5 motor vehicles.
Summary of Evidence
1. Statement by the defendant in court;
1. A certificate of detection;
1. Application of Acts and subordinate statutes to field photographs and investigation reports (whether air pollution emission facilities are applicable);
1. Relevant Article of the Act on the Conservation of the atmospheric environment, subparagraph 1 of Article 90 and Article 23 (1) of the Act on the Selection of Air Quality, Article 79 and Article 53 (1) of the Automobile Management Act, and the selection of imprisonment with prison labor for the crimes;
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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had been punished several times for the same crime, was committed again.
(b).