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(영문) 서울중앙지방법원 2018.12.13 2018고정2378
대기환경보전법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall obtain permission from the Mayor/Do Governor or file a report with the Mayor/Do Governor under relevant statutes;

Nevertheless, from July 21, 2018 to July 23, 2018, the Defendant installed air pollutants emission facilities with the mobile-maintenance vehicle on the street in the safety zone B in Dongjak-gu Seoul Metropolitan Government, with one telecom shower, paintes, presses, straws, shields, piracys, and other repair tools, etc.

2. Any person who violates the Automobile Management Act shall register with the head of a Si/Gun/Gu pursuant to relevant Acts and subordinate statutes;

Nevertheless, the defendant did not make the above registration, provided equipment, etc. for painting to the portable maintenance vehicle at the time and place specified in paragraph 1, and carried out a motor vehicle management project, such as Csch Rex vehicle’s chief door painting work, and post-spathing work.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of detection (7 investigation records);

1. Application of field-based photographs (B)-related statutes;

1. Selection of fines, respectively, for facts constituting a crime under subparagraph 1 of Article 90 of the same Act and Article 23 (1) of the same Act (a point of installation of an emission facility of air pollutants), Article 79 Subparag. 13 of the Automobile Management Act, and Article 53 (1) of the same Act (a point of business without registration), and selection of fines;

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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