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(영문) 서울중앙지방법원 2016.01.25 2015고정4620
자동차관리법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to run a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu in accordance with Ordinance of the Ministry of Land, Transport;

Nevertheless, on June 29, 2015, the Defendant did not register with the competent authority, and operated a motor vehicle maintenance business, with approximately approximately 61.71 cubic meters of the trade name “C” located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, equipped with compliance presses, paints, presses, and various tools, etc., and operated a motor vehicle maintenance business.

2. Any person who intends to install an emission facility of air pollutants violating the atmospheric environment conservation Act shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor;

Nevertheless, the Defendant did not report to the competent authorities, and installed emission facilities for car painting work such as the preceding paragraph at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written accusation, written confirmation of detection, and field photograph-related statutes;

1. Relevant legal provisions concerning criminal facts, Articles 79 subparag. 13 and 53 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 19, 2015); Articles 90 subparag. 1, 23 subparag. 1, and 23 subparag. 1 of the Air Quality Conservation Act (a point of installation of non-reported discharging facilities); and selection of fines, respectively.

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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