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(영문) 울산지방법원 2014.06.19 2014고단798

대기환경보전법위반

Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of ten million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who works as a general manager in charge of environmental-related affairs, etc. in B in Yangsan-si, Yangyang-si, and Defendant B is a corporation established for the purpose of manufacturing rubber products.

1. No defendant A business operator shall operate preventive facilities when he operates emission facilities or commit an act of emitting pollutants discharged from emission facilities, mixing with the air, in order to lower the degree of pollution;

Nevertheless, during the period from August 13, 2012 to August 30, 2012, the Defendant operated 6 devices for the 5-manife emission facilities, 6 devices for the 5-manife emission facilities, 7.5-manife emission facilities, 4 devices for the 10-manife emission facilities, 2 devices for the 10-manife emission facilities, 2 devices for the 19-manife emission facilities, 1 equipment for the 19-manife emission facilities, and 3 equipment for the 30-manif emission facilities, which are accordingly, failed to operate 600 cubic meters of the preventive facilities.

2. As to the defendant B's business, the above Gap committed the act mentioned in the preceding paragraph.

Summary of Evidence

1. Defendants’ legal statement

1. A suspect interrogation protocol of the police officer;

1. Written statements of D;

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

1. Copy of business registration certificate and certificate of all registered matters;

1. Application of Acts and subordinate statutes to investigation reports (examination of anti-air preventive facilities and operational cases);

1. Article 89 subparagraph 3 of Article 89 of the Clean Air Conservation Act and Article 31 (1) 1 of the Clean Air Conservation Act, Defendant B stock company chosen to imprisonment with labor: Articles 95 and 89 subparagraph 3 of the Clean Air Conservation Act and Article 31 (1) 1 of the Clean Air Conservation Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. As of 2012, a large-scale place of business which manufactures labels used for automobiles, etc. with reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.), Defendant A was sentenced to a fine of KRW 5 million due to a violation of the Water Quality Conservation Act in 2001, and a fine of KRW 5 million due to a violation of the Clean Air Conservation Act in 2004.