A defendant shall be punished by imprisonment with prison labor for up to six 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.

Punishment of the crime

The defendant is a person who has operated a motor vehicle painting business without trade name in Dongdaemun-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities in violation of the Conservation of the Air Quality Act, or to operate any business using emission facilities, shall obtain permission or report to the competent authorities;

Nevertheless, without obtaining permission from, or filing a report to, the competent authorities, the Defendant installed the gate of the vehicle located in the area of 76.56 cubic meters, which is an air discharging facility, at the foregoing business establishment, and used air compresseders, presses, sculates, new widths, and paints, which are kept in the business establishment around 16:00 on July 29, 2020, to seal and repair the shower vehicles.

In addition, the Defendant used the discharge facilities without reporting the said place of business from March 2020 to July 29, 2020.

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.

Nevertheless, on July 29, 2020, the Defendant did not register the automobile management business with the head of the competent Gu, and operated a unregistered automobile management business, such as sealing and repairing the vehicles requested by unregistered customers in the above place of business from March 2020 to July 29, 2020, using air compressers, presses, sculates, new widths, and paints, etc., kept at the place of business around 16:0.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation (report on detection), the application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article of the Act on the Conservation of Air Quality, subparagraph 1 of Article 90, Article 23 (1) (the installation and operation of unreported emission facilities) of the Act on the Conservation of Air Quality, Article 79 and Article 53 (1) of the Automobile Management Act (the occupation of unregistered motor vehicle management business) of the Act on the Management of Motor Vehicles and the Selection of Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.