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(영문) 부산지방법원 서부지원 2020.01.09 2019고단803
대기환경보전법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in the business of manufacturing motor vehicle parts under the trade name "C" in Gangseo-gu Busan Metropolitan Government B.

On December 29, 2017, the Defendant violated an order to close the unreported Air Discharge Facilities (14.6 cubic meters from building facilities, 12.2 cubic meters from 2.0 cubic meters, and 1 cubic meters from 2.0 cubic meters, respectively) by failing to comply with such order from May 25, 2018 to December 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A business trip report (inspection of an unauthorized emission business establishment);

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning orders to close down the Clean Air Conservation Act;

1. Relevant Article and Articles 89 (5-2 and 38 (Selection of Fine) of the Clean Air Conservation Act concerning facts constituting an offense;

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

1. On August 1, 2019, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, implemented an order to close down a non-reported waiting emission facility.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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