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(영문) 서울남부지방법원 2019.08.30 2019고단3082
대기환경보전법위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 13, 2018, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for violating the Clean Air Conservation Act in Seoul Southern District Court on September 13, 2018, and the said judgment became final and conclusive on the

1. Any person who intends to install air pollutants emission facilities shall report to the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing the said report from September 22, 2018 to May 27, 2019, installed air pollutants emission facilities by installing equipment and materials necessary for painting, such as paintings, presses, strings, luminous machines, air compression machines, smoke string machines, and paints, in the space of 67.6 cubic meters, from September 22, 2018 to May 27, 2019.

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

Nevertheless, without registering the above, the defendant carried out the automobile management business, such as the 10 to 15th of each month, such as sealing work on the back of the Drackers' automobiles at the same time and place as the preceding paragraph, and the latter.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Evidence photographs, account books, each administrative disposition, and each real estate lease contract;

1. The section of judgment: Search of integrated cases, and application of statutes governing judgment;

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act (amended by Act No. 1626, Jan. 15, 2019 and enforced before July 15, 2019), Article 23 (1) of the Automobile Management Act (amended by Act No. 1626, Jan. 15, 2019); Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (amended by Act No. 1385, Jul. 15, 2019); 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)1 of the Criminal Act for the detention of a workhouse;

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