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(영문) 서울중앙지방법원 2020.02.13 2019고단8187
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to install facilities emitting air pollutants, such as painting facilities, the volume of which exceeds five cubic meters or the power of which exceeds 2.25km, shall obtain permission from the Mayor/Do Governor or report to the Mayor/Do Governor;

Nevertheless, the Defendant, from July 15, 2016 to September 24, 2019, operated the exterior-type repair store of a motor vehicle in the name of “C” from Jongno-gu Seoul, Jongno-gu, Seoul, while operating the outer-type repair store of a motor vehicle, did not file a report, even though he installed painting facilities, such as paint sprayers, on approximately 39.6 square meters.

2. Any person who intends to run a motor vehicle management business shall register with the head of the competent Si/Gun/Gu.

Nevertheless, at around 17:00 on September 24, 2019, the Defendant run a motor vehicle management business without registering the motor vehicle management business to the competent Gu office at the above location, and by receiving approximately KRW 100,000 for the front pent portion of the D Awddi vehicle and carrying out painting work.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Article concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation of facilities not reported), Article 79 subparagraph 13 of the Automobile Management Act, Article 53 (1) of the Automobile Management Act, and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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