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(영문) 수원지방법원 안산지원 2017.01.18 2017고정24

대기환경보전법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,00.

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Criminal facts

The Defendant is a person who operates a motor vehicle parts with the trade name of "D" in Ansan-si, a member C.

1. Where any enterpriser in violation of the Conservation of the atmospheric environment Act installs or alters emission facilities, he shall install air pollution preventive facilities to ensure that the pollutants emitted from such emission facilities meet or exceed the permissible emission standards;

Nevertheless, at around 14:00 on September 9, 2016, the Defendant did not install a duct which discharges pollutants generated from the operation of 3 meters (use 6.9 cubic meters x 3 meters) air pollutants-emitting facilities at the place of business above “D”, which are air pollutants-emitting facilities, into the air pollution prevention facilities (capacity 350 cubic meters / minc meters) and treats them.

2. A person who has installed malodor-emitting facilities in a malodor control area in violation of the Malodor Prevention Act shall take measures necessary for preventing malodor before the operation of malodor-emitting facilities in accordance with a malodor prevention plan submitted when reporting the installation of the relevant facilities to the Mayor/Do Governor or the head of a metropolis;

Nevertheless, on November 8, 2005, the Defendant filed a report on the installation of three (6.9 cubic meters x 3 meters) the surface treatment facilities of assembly metal products, machinery, apparatus, equipment, transportation equipment, furniture, and other products, etc. from among malodor emission facilities in the above workplace with the Mayor of Ansan-si around November 8, 2005, and submitted a malodor prevention plan with the content that the Defendant would flow and dispose of malodor substances generated in the course of operation of the said facilities into the facilities (350 cubic meters / mination), which are malodor-preventive facilities, but without taking necessary measures for the prevention of malodor, such as failing to install a venture that discharges malodor substances into the facilities by smoking in the above workplace until the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Request for an investigation of a business establishment violating environment-related Acts;

1. A statement of detection;

1. Application of statutes on site photographs;

1. Relevant Articles of the Act concerning the facts constituting the crime;