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(영문) 인천지방법원 부천지원 2013.06.14 2013고정717

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. A person who intends to install a facility emitting air pollutants in a Dose facility with a volume of not less than 5m2 square meters that discharges Defendant A’s air pollutants or with a fuel quantity of not less than 60 K g per hour must report the establishment to the competent administrative agency, and shall not operate the facility using an unreported emission facility;

A. From the end of December 2011 to the end of July 2012, 201, the Defendant installed and operated a painting facility (one unit) with a volume of 36.4 square meters, which is a volume of 36.4 square meters connected with power of 30 Ma, from the trade name of Kimpo-si, Kimpo-si, without reporting the installation of a facility emitting air pollutants.

B. From July 16, 2012 to October 19, 2012, the places indicated in the preceding paragraph were operated using air pollutant emitting equipment of a Dopo facilities (one unit) with a volume of 36.4 square meters connected to the power of 30 m2, which did not file a report on the establishment of a representative director as a corporation B representative director, at the places indicated in the preceding paragraph.

2. Defendant B is a corporation established for the purpose of producing, selling, etc. the door of a timber household.

The defendant committed such a violation in relation to his business at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of E’s witness;

1. Application of Acts and subordinate statutes to conduct on-site verification photographs, investigation reports (voluntary submission, such as a copy of a full certificate of registered matters);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 90 Subparag. 1 and Article 23(1) of the Clean Air Conservation Act; selection of fines

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the Clean Air Conservation Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;