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(영문) 인천지방법원 2013.10.04 2013고정3047

대기환경보전법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” with expertise in the payment in the Nam-gu Incheon Metropolitan City.

No business operator shall operate emission facilities without operating preventive facilities or emitting pollutants emitted from emission facilities, mixing with air, in order to lower the degree of pollution.

Nevertheless, the Defendant operated air pollution prevention facilities from early May 2, 2013 to June 12, 2013 at the same place of business, and committed an act of discharging pollutants discharged from emission facilities by mixing the air with air, by opening air pollution prevention facilities (e.g., smoking facilities (700 cubic meters), even though the Defendant was in a state of non-working without operating one (0.6 cubic meters) or one (0.2 cubic meters), which is part of the air pollutant-emitting facilities, in order to lower the pollution level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of detection;

1. Application of statutes on site photographs;

1. Relevant Article 89 of the Clean Air Conservation Act and Article 89 of the same Act and Article 31 (1) 1 of the same Act and the selection of fines concerning criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.