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(영문) 서울서부지방법원 2020.01.30 2019고단2988
대기환경보전법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Criminal facts

1. Any person who intends to run 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 April 8, 2019, without being registered with the competent authority, the Defendants jointly operated the automobile management business in the said place from March 30, 2018 to July 30, 2019, with automobile painting and maintenance work equipment, such as air compressors, presses, sandboxes, and heat drying machines, and with which repair is requested. Defendant A jointly operated the automobile management business in the said place by the aforementioned methods.

As a result, the Defendants conspired to run the automobile management business without being registered with the competent authorities.

2. Any person who intends to install air pollutants emission facilities shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, without reporting to the competent authority, the Defendants installed and operated painting facilities from October 28, 2017 to July 30, 2019, and Defendant B installed and operated painting facilities from March 30, 2018 to July 30, 2019.

As a result, Defendants conspired to install air pollutants emission facilities without reporting to the competent authorities, and operated them using the emission facilities.

Summary of Evidence

1. Defendants’ respective legal statements

1. A’s legal statement;

1. A report on investigation, confirmation, and evidence photograph;

1. A report on investigation (report on inquiry of policyholders at the workplace or telephone), evidentiary pictures, and correspondence data inquiry and replies;

1. The investigation report (the report on confirmation of the evidence of part-time absence of official B), evidence photograph (the cood beverage and written request) 1.

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