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(영문) 창원지방법원 2015.02.06 2014고정926

대기환경보전법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B located in Seongdong-gu, Sungwon-si, Sungwon-si, and the defendant B is a corporation established for the purpose of manufacturing parts of rolling stock.

1. A business operator who operates Defendant A emission facilities shall attach measuring devices to confirm whether the quantity of pollutants emitted and permissible emission levels are observed, and whether preventive facilities are properly operated;

Nevertheless, the Defendant did not install a integrating power meter, which is a measuring device to verify whether the preventive facilities are properly operated, and installed two equipment installed, which is a facility emitting air pollutants, from December 21, 2007 to October 14, 2013, in the said company’s workplace, and operated the vehicle parts with two equipment installed, which is a facility emitting air pollutants (one equipment in 44 cubic meters, one equipment in 1,38.5 cubic meters), and one equipment for building (1 equipment in 490.36 cubic meters).

2. Defendant B, at the time and place specified in paragraph (1), committed a violation as prescribed in paragraph (1) against Defendant B, who is the representative director of Defendant Company, in relation to Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness E;

1. Some statements in the police interrogation protocol against Defendant A

1. Statement of public official;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the operation register of emission and preventive facilities;

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

(a) Defendant A: Subparagraph 3 of Article 90 of the Clean Air Conservation Act and Article 32 (1) of the same Act;

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

2. Articles 70 and 69 (2) of the Criminal Act (Defendant A).

3. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.