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 became final and conclusive.

Punishment of the crime

1. Any person who intends to install a emission facility of air pollutants shall report it to the head of the competent Gu under relevant statutes;

Nevertheless, the Defendant installed air pollutants emission facilities, without filing the said report from January 2018 to April 11, 2018, by being equipped with equipment necessary for painting, such as power generators, air compresseders, air compresseds, pressurgs, licenses, various paints, and spread amounts, etc. on the roads adjacent to the Lee Jong-dong Hospital located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and by allowing the vehicle seal to be carried out on the right side of the cargo vehicle, at approximately 13.24 cubic meters away from the cargo vehicle.

2. Any person who violates the Automobile Management Act shall register his/her automobile management business with the head of the competent Gu pursuant to relevant statutes;

Nevertheless, the defendant did not make the above registration and carried out the automobile management business, such as painting and the same time and place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation from the head of Yangcheon-gu;

1. C’s statement;

1. On-site photographs;

1. The motor vehicle registration ledger and the list of specifications of motor vehicles;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of outdoor frequency);

1. Relevant legal provisions concerning facts constituting an offense, Articles 90, 23(1) (the installation of an emission facility of unreported air pollutants), Articles 79 and 53(1) of the Automobile Management Act, and choice of imprisonment with labor for each type of 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution: The crime of this case is committed by the defendant, without being registered, while carrying on car painting in the street, and the quality of the crime is weak if the defendant considers the risk to the atmospheric environment and national health;

The defendant has eight previous crimes of fine due to the violation of the Automobile Management Act, and three times among them.