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(영문) 인천지방법원 2019.06.14 2019고정1055

소음ㆍ진동관리법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

B is operating a water distribution team and electric equipment manufacturer in Seo-gu Incheon Metropolitan City.

B A around May 28, 2018, subject to an administrative disposition (measures Order) issued by the competent Gu office on the matters that exceed the standard of living noise regulation, and the completion report was made after November 20, 2018, but failed to comply with an administrative disposition (measures Order) until November 23, 2018, and an administrative disposition (Prohibition of Use of Noise Sources subject to Regulation) was issued on November 27, 2018 with respect to matters that failed to comply with an administrative disposition (measures Order). However, on November 30, 2018 as a result of confirmation of the implementation of an administrative disposition, the administrative disposition (Prohibition of Use of Noise Sources subject to Regulation) was not implemented by using the NCT Processing System, which is a noise source subject to regulation.

Although the defendant is a corporation established for the purpose of manufacturing water distribution team and electric machinery and equipment and stated that the facts charged in the internal director of the defendant's representative are "representative director", according to the evidence duly adopted and examined by this court, B constitutes "in-house director" and constitutes the representative of the defendant, it is corrected ex officio.

In the above time and place, India committed the above violation with respect to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A corporate statement;

1. Investigation report (attached a list of evaluation of data for measuring living noise), investigation report (verification as to whether the area falls under the area subject to the regulation of living noise);

1. One copy of a evaluation table of living noise measurement data, and a location map of sports facilities;

1. Two copies of the administrative disposition order and three copies of the written confirmation of violation;

1. Application of Acts and subordinate statutes to photographic materials related to violations;

1. Relevant Article of the Noise and Vibration Control Act, the main sentence of Article 59, Article 58 subparag. 4, Article 23 (1) of the Noise and Vibration Control Act, the main sentence of Article 59, Article 57 subparag. 4, Article 23 (4) of the Noise and Vibration Control Act, the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;