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(영문) 의정부지방법원 고양지원 2012.12.13 2012고정1613

대기환경보전법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. The defendant A reported on November 22, 1985 on the installation of air emission facilities to the view of the strike, and he is the representative director of the lighting device manufacturing company of the defendant B in the case of the strike as a representative director of the company of the defendant B.

A business operator shall ensure that emission and preventive facilities are operated appropriately by taking measures, such as the installation of measuring devices to confirm whether pollutants emitted from emission facilities meet the permissible emission levels.

Nevertheless, from August 5, 201 to May 11, 2012, the Defendant installed three painting facilities (power 5 x 3), one building facility (two-mast) (two-masts), one innating facilities, which are preventive facilities (120 square meters), one innating facilities (120 square meters/minutes), and one inn facilities (70 square meters/minutes), and operated an operating system without attaching a sufficient mountain power meter to confirm whether pollutants emitted from emission facilities meet the permissible emission levels.

2. Defendant B was a corporation established for the purpose of manufacturing lighting equipment, etc., and Defendant A, the representative director of the Defendant, committed the above act in relation to the Defendant’s business at the date and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection;

1. A statement of the suspect;

1. Application of Acts and subordinate statutes to a certificate of completion of report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 90 Subparag. 3 and Article 32(1) of the Clean Air Conservation Act; selection of fines

B. Defendant B corporation: Articles 95, 90 subparag. 3, and 32(1) of the Clean Air Conservation Act; selection of fines

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

A. Defendant A: there is no record of violation of the same type of crime, the confession of the crime, the completion of corrective measures after the crime, and other means and results of the crime in this case, the circumstances after the crime, the age, character and conduct, family environment, etc.