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(영문) 울산지방법원 2016.07.07 2016고정642

대기환경보전법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who conducts a motor vehicle external restoration business in Ulsan Nam-gu B.

A person who intends to install a painting facility with a volume of at least 5 cubic meters or with a power of at least 2.25km (including a facility installed in a place where a project is located or a building facility) shall file a report on the installation of an emission facility of air pollutants with the competent authority, as prescribed by Presidential Decree. However, the Defendant installed and operated a painting facility from 208 to 22 March 22, 2016, which is an air pollutants emission facility, without filing a report on the installation of an emission facility at the said place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on verifying any violation of the atmospheric environment conservation Act;

1. Investigation report (Attachment of measurement results for painting facilities);

1. Application of statutes on business registration certificates;

1. Subparagraph 1 of Article 90 and Article 23 (1) of the Conservation of the Air Quality Act concerning facts constituting a crime;

1. Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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