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(영문) 서울북부지방법원 2016.06.29 2016고정1179
대기환경보전법위반등
Text

Defendant shall be punished by a fine of two 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 engages in automobile maintenance business under the trade name of “C” in Dongdaemun-gu Seoul Metropolitan Government.

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

Nevertheless, the Defendant did not report to the competent administrative authority on May 30, 2013, and used approximately 57.75 cubic meters from May 30, 2013 to March 10, 2016, the Defendant carried out the work of painting (a work concurrently carrying out work, building, and separation) and one unit of air compression (0.75kW).

2. Any person who intends to conduct 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 did not register with the competent administrative authority on March 10, 2016, and was equipped with the seal facilities of approximately 57.75 cubic meters in the same place as indicated in paragraph 1 at around March 10, 2016, and carried out a motor vehicle management business for which the senior pents, etc. of D vehicles are sealed.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on re-verification at the enforcement site);

1. Application of Acts and subordinate statutes to photographs of the scene of control and photographs re-verification at the scene of control;

1. Relevant Article of the Act on the Conservation of Air Quality, subparagraph 1 of Article 90, Article 23 (1) of the Act on the Selection of Air Quality (the point of operating emission facilities without filing a report), Article 79 subparagraph 13, and Article 53 (1) of the Automobile Management Act (the point of operating unregistered motor vehicle management business), and 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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