beta
(영문) 대구지방법원 2015.10.02 2015고정1906

대기환경보전법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of C in Daegu Northern-gu, and is the business operator who has obtained permission to install air discharge facilities from the head of Daegu North-gu.

No business operator shall operate emission facilities without operating preventive facilities.

Nevertheless, from around 13:00 on April 2, 2015 to 15:00 on the same day, the Defendant operated a mountain alcar facilities (0.8 cubic meters x 1 meters x 63 meters x 63 meters x 6 meters) and a gold-generating facility (0.63 meters x 6 meters x), which are emission facilities of the atmosphere, at the said place of business, and the Defendant did not operate the facilities connected thereto, thereby having the air pollutants generated from the above emission facilities directly discharged into the atmosphere.

Accordingly, the defendant did not operate preventive facilities when he operated emission facilities.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the D public official;

1. Record of atmosphere measurement;

1. Copy of the permit for installation of atmosphere emission facilities;

1. Application of each statute in violation of each such statute;

1. Relevant Article 89 of the Clean Air Conservation Act and Article 89 of the same Act and Article 31 (1) 1 of the same Act and the selection of fines concerning criminal facts;

1. Articles 70 (1) 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;