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(영문) 수원지방법원 안산지원 2015.04.15 2015고정22

대기환경보전법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of "B" corporation in Ansan-si, the member-gu, the general manager of the environmental management of the above company, and the defendant B is a corporation established for the purpose of the allusian manufacturing industry.

1. When Defendant A operates emission facilities, no act of operating preventive facilities or emitting pollutants discharged from emission facilities, mixing with the air, to lower the degree of pollution;

Nevertheless, at around 10:55 on April 15, 2014, the Defendant, at the place of business “Co., Ltd. B” located in Ansan-si Group C, discharged pollutants into the atmosphere, which occur due to the failure to operate facilities (capacity 800 cubic meters and volume 1.8 cubic meters) by absorption, which are air pollution prevention facilities connected thereto, while operating chemical treatment facilities (e.g., color, volume 1.8 cubic meters) and acid treatment facilities (p. 2.25 cubic meters and volume 2.25 cubic meters).

2. The Defendant B’s representative director, at the time and place specified in paragraph (1), discharged pollutants generated from the failure to operate facilities (capacity 800 cubic meters/min) by absorption, which are air pollution prevention facilities connected thereto, while operating in operation chemical treatment facilities (in color, 1.8 cubic meters), which are air pollutant-emitting facilities (in cubic meters and 2.25 cubic meters), and oxygen treatment facilities (in cubic meters and c meters), which are air pollution prevention facilities connected thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect and written confirmation of violation;

1. A report on investigation (a copy of air measurement record), investigation report (a copy of the register of a corporation);

1. Application of related Acts and subordinate statutes;

1. Defendant A: Article 89 subparag. 3 and Article 31(1) of the Clean Air Conservation Act; Article 95 and Article 89 subparag. 3 and Article 31(1) of the Clean Air Conservation Act; Article 95 of the Clean Air Conservation Act and Article 31(1) of the same Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order (the defendant) shall be issued.