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(영문) 의정부지방법원 2020.11.12 2020고정1223

대기환경보전법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who conducts a public bath business with the trade name “C” in both weeks.

Any person who intends to install emission facilities generating specified hazardous air pollutants in excess of the standards prescribed by Ordinance of the Ministry of Environment shall obtain permission from the Mayor/Do Governor, as prescribed

Nevertheless, at around 2004, the Defendant installed 10 carbon emission facilities, which are air emission facilities (based on standard concentration 0.08pm, emission density 0.412pm), which are specified hazardous air pollutants, and operated carbon-generating facilities at the above establishment without obtaining permission from the competent authorities from around that time until January 21, 2020.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of Acts and subordinate statutes to field photographs and air pollution levels inspection reports;

1. Relevant Article of the Act and Articles 89 subparagraph 1 and 23 (1) of the Clean Air Conservation Act and selection of fines concerning the crime;

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

1. Article 11(1)1 of the Enforcement Decree of the Clean Air Conservation Act provides that “The initial reason for sentencing of Article 334(1) of the Criminal Procedure Act shall obtain permission to install all emission facilities generating specified hazardous air pollutants.” However, on December 10, 2015, Article 26705 of the Enforcement Decree of the Clean Air Conservation Act (amended by Presidential Decree No. 26705) provides that “the permission to install emission facilities generating specified hazardous air pollutants shall be obtained at a level above the standard prescribed by Ordinance of the Ministry of Environment.” In the instant emission facilities, the regulation relaxeds that the instant emission facilities must obtain permission to install emission facilities generating specified hazardous air pollutants. In light of the fact that considerable concentration exceeding 0.08 pmp, which is the standard prescribed by Ordinance of the Ministry of Environment, occurs, and

However, the defendant recognized the facts charged of this case late, and the defendant installs the discharge facility of this case and has jurisdiction over it.