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(영문) 부산지방법원 2012.06.11 2012고정2441

대기환경보전법위반등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

From May 4, 2010 to July 14, 2011, the Defendant established two sanctions facilities (1st, 15 last, 15 last, 2000) which are air emission facilities, without reporting the emission of air pollutants to the competent authorities, within his/her workplace located in Gangseo-gu Busan Metropolitan City, a stock company located in Gangseo-gu, Busan Metropolitan City, and operated the business.

In addition, the Defendant set up a sanction against noise emission facilities (20 ma), without reporting noise emission facilities to the competent authorities, at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Detection of unreported air noise emission facilities);

1. A written confirmation of violation and on-site photographs;

1. Application of investigation reports (report on confirmation of alteration of urban planning of workplace sites) Acts and subordinate statutes;

1. Relevant Article and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act, the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;