A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

1. The Defendant in violation of the Clean Air Conservation Act is a person who operates a car board painting business with the trade name of Seongdong-gu Seoul Metropolitan Government building B and “C” on the first floor.

Any person who intends to install or operate a business using emission facilities shall obtain permission or file a report with the competent authority.

Nevertheless, on September 2, 2019, the Defendant did not report to the competent authority, and on September 2, 2019, at around 78.9 meters in the painting facilities in the above business establishment (3.1m x 9.8m x 2.6m x 2.6m x 2.6m in height), the Defendant had one air compresser (a telecom shower) and two presses, etc., and carried a criminal back of the D SM5 car.

In addition, the Defendant used emission facilities without reporting from July 2019 to November 12, 2019.

2. Any person who violates the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, the Defendant did not register the motor vehicle management business with the head of the competent Gu on September 2, 2019, and carried out an unregistered motor vehicle management business without registration by sealing the vehicles requested from customers in the name-free place of business from July 2, 2019 to November 12, 2019, as well as from the “C” place of business listed in the foregoing paragraph (1) at the “C” place of business as of September 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol prepared by special judicial police officers against the accused;

1. Written statement (Evidence Nos. 5) and written confirmation (Evidence No. 6);

1. Application of statutes on field photographs;

1. Relevant Article concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (hereafter referred to as "unregistered emission facilities" in this Article), Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (hereafter referred to as "unregistered motor vehicle management business" in this Article);

1. Article 37 of the Criminal Code among concurrent crimes.