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(영문) 인천지방법원부천지원 2020.09.10 2020고정357

대기환경보전법위반등

Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A operates a place of business that manufactures, etc. kitchen supplies in Kimpo-si, Kimpo-si.

No business operator who has not operated a preventive facility for air pollutants shall operate the preventive facility or commit any act of emitting pollutants emitted from the emission facility, mixed with air, to lower the degree of pollution when he/she operates the emission facility.

Nevertheless, from June 21, 2019 to June 21, 2019, the Defendant failed to operate a facility (250 cubic / 1 x 1 x 2) by a second-hand air-preventive facility connected to the air (250 cubic / 2) while operating Doro (0.6t x 1,0.5t x 2).

(b) Any person who intends to install emission facilities not reported on installation of standby emission facilities shall report to the competent administrative agency.

Nevertheless, around October 2018, the Defendant installed a smoke-generating facility (75kW (100HP) x 3) which is a air discharge facility without reporting the installation of emission facilities to the competent administrative agency, and used the waste-generating facility from December 2, 2018 to February 10, 202.

(c) Any person who intends to install discharging facilities not reported on the installation of wastewater discharge facilities shall file a report with the competent administrative agency.

Nevertheless, around June 21, 1987, the Defendant installed three parts of the storage tank for wastewater (excluding ① 2.2m x 1.4m x 1.2m x 1.2m x 1.2m) which is a wastewater discharge facility, and operated the waste using the discharge facility without reporting the installation of discharge facilities to the competent administrative agency until June 21, 2019.

2. Defendant B is a corporation established for the purpose of manufacturing kitchen supplies.

The defendant committed an act identical to that of paragraph (1) by the representative A in the same manner at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A certificate;

1. Business registration certificate;

1. Application of Acts and subordinate statutes governing field inspection photographs;

1. Defendant A who has the relevant Article of criminal facts and option of punishment: Clean Air Conservation Act;