beta
(영문) 인천지방법원 2016.11.25 2016고정2624

대기환경보전법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 waste plastics processing company without filing a business report in Seo-gu Incheon.

1. A person who intends to install a facility for crushing power violating the Clean Air Conservation Act at least 15 kmw shall report the installation of air emission facilities to the competent authority;

Nevertheless, the Defendant, without reporting the installation of air emission facilities to the competent authorities, installed 45kw, which is a air emission facility, from Jun. 2, 2015 to Jun. 13, 2016, and operated the 45kw.

2. A person who intends to install pulvers with power in violation of the Noise and Vibration Control Act at least 7.5kw shall report the installation of noise emission facilities to the competent authority;

Nevertheless, the Defendant, without reporting noise emission facilities to the competent authorities, installed and operated a 45kw 1 machine, which is a noise emission facility, from June 2015 to June 13, 2016.

3. Any person who intends to operate a waste disposal business in violation of the Wastes Control Act shall obtain permission from the competent authority after having facilities, equipment and technical capability meeting the standards prescribed by Ordinance of the Ministry of Environment

Nevertheless, without obtaining permission from the competent authority, the Defendant operated waste disposal business by installing 45 kws from June 2015 to June 13, 2016, with a 45 kw, etc. installed, and collecting, transporting, and crushing waste plastics, and making it into recyclable materials.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs (14 copies);

1. Application of the Acts and subordinate statutes of the Land Use Planning Institute (In Incheon Metropolitan City C);

1. Relevant statutory provisions concerning facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (hereafter referred to as “unreported atmosphere emission facilities”), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the Noise and Vibration Control Act (hereafter referred to as “unreported noise emission facilities”), subparagraph 5 of Article 64 of the Wastes Control Act, Article 25 (3) of the Wastes Control Act, and the selection of fines;

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