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(영문) 수원지방법원 2016.04.07 2015고정3140

대기환경보전법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D”, a motor vehicle external restoration entity, in the Suwon-si veterinary Zone CB03 and B04.

A person who intends to install a seal-generating facility, the volume of which is at least five cubic meters or which is an emission facility of at least three-year air pollutants, shall file a report on the installation with the competent authority, and shall not conduct his/her business using an emission facility not reported, as prescribed by

Nevertheless, from November 2014 to August 28, 2015, the Defendant operated the business without filing a report on installation of air emission facilities, with the part of which from 151.2 cubic meters (9m x 9.5m x 11.9m x 10m m x 9m x 15.9m x 9m m) of painting facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of investigative reports (Reporting on detection -D), copies of business registration certificates, field photographs-related Acts and subordinate statutes;

1. Article 90 of the relevant Act on the Conservation of the Air Environment, and Articles 90 subparagraph 1 and 23 (1) of the Act on the Selection of Penalties concerning Criminal Facts, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order recognizes and reflects his mistake, there is no record of punishment for the same kind of crime, and the fact that it seems to result in the instant crime due to lack of understanding of the relevant Acts and subordinate statutes, the amount of fine determined by the summary order shall be reduced partially, and the punishment shall be determined as ordered by the order.