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(영문) 서울서부지방법원 2017.01.24 2016고정1583
대기환경보전법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who operates a motor vehicle maintenance business in Seodaemun-gu Seoul Metropolitan Government B'C.

When painting automobiles, air pollutants shall be emitted within the permissible emission standards by operating air pollution prevention facilities normally.

Nevertheless, from June 29, 195 to July 20, 2016, the Defendant discharged air pollutants emitting more than 100 pm of air pollutants (TC) based on the base 157.2pm of air pollutants, without justifiable grounds, from July 16, 2016 to July 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation reports (report on detection of persons who violate the Air Quality Conservation Act, and report on the results of inspection of environmental pollution levels);

1. Written results of a reply to the results of the examination (the results of the examination and inspection);

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 89 of the relevant Act and subparagraph 3 of Article 89 of the Act on the Conservation of the atmospheric Environment and Selection of Punishment, and Article 31 (1) 5 of the same Act concerning facts constituting a crime;

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;

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