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(영문) 서울북부지방법원 2016.03.17 2015고정2672
대기환경보전법위반등
Text

Defendant shall be punished by a fine of four 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 operates a motor vehicle maintenance business with a trade name, “CKaba” in Dongdaemun-gu Seoul Metropolitan Government.

1. Any person who intends to install a painting facility in at least five cubic meters, which is an emission facility for air pollutants violating the atmospheric environment conservation Act, shall report thereon to the competent administrative agency, and shall not conduct business using any unreported emission facility

Nevertheless, the Defendant, without filing a report on installation of emission facilities with the competent administrative agency from September 27, 2010 to September 23, 2015, operated his/her business using a seal facility of 45 cubic meters, which is an air pollutants emission facility equipped with equipment, materials, etc. necessary for car painting, such as air compresseders, presses, bricks, drying machines, and various paints.

2. Any person who intends to conduct a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of the competent Gu as prescribed by Ordinance of Ministry of Land,

Nevertheless, on September 2, 2015, the Defendant, without registering the automobile maintenance business, carried out the automobile maintenance business by using a presses, etc. with the stringer of the D vehicle's front seat at the shop around September 16:20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the detection of a person who violates the atmospheric environment conservation Act, and the Automobile Management Act), and written confirmation of the violation;

1. Application of Acts and subordinate statutes to documentary evidence and control photographs showing an illegal act;

1. Relevant Article of the Act on the Conservation of Air Quality, and Articles 90 subparagraph 1, 23 (1) (the occupation of operating non-reported discharging facilities), Article 79 subparagraph 13, and Article 53 (1) (the occupation of a non-registered motor vehicle management business) of the Automobile Management Act, and selection of fines, respectively, concerning facts constituting a crime;

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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