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(영문) 서울북부지방법원 2020.04.23 2020고정393
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in automobile maintenance business with the trade name “C” in Dongdaemun-gu Seoul Metropolitan Government.

1. Any person who intends to install emission facilities of air pollutants shall report to the head of the competent Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not report installation of air pollutant emitting facilities to the head of the competent Gu from July 1, 2019 to October 15, 2019, and had approximately KRW 74 cubic meters painting facilities, such as air compresseders, gas sprayers, exhausters, and various kinds of paints, and used them to carry out car painting work.

2. Any person who violates the Motor Vehicle Management Act shall register with the head of the competent 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 October 15, 2019, and operated the motor vehicle management business, such as attaching a seal of about 74 cubic meters from the place above, and attaching a seal of about 74 cubic meters of the volume.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written accusation, written statement, written confirmation, on-site photographing statutes;

1. Relevant Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, the provisions of subparagraph 13 of Article 79 and Article 53 (1) of the Automobile Management Act and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act reflects the wrong and does not repeat the crime, the defendant is old and healthy, and the defendant is economically difficult.

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