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(영문) 인천지방법원 2018.01.12 2017고단8626
대기환경보전법위반등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 10 million won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who operates B Co., Ltd., a timber control company in Incheon F.

1. Defendant A

(a) Any person who intends to install a emission facility of air pollutants violating the atmospheric environment conservation Act shall obtain permission from, or report to, the competent authorities, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent authority from September 14, 2010 to October 18, 2017, installed and operated two air pollutants-emitting facilities (5kW 1,75kW 1 period) in total, 130kW sanctions facilities (55kW 1 period, 75kW 1 period).

(b) Any person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall obtain permission from the competent authority or report thereon to the competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not report to the competent authority on September 14, 2010 to October 18, 2017, and installed and operated the noise-emitting facilities, 2 equipment and 37kW 1 equipment, respectively, at the same place of business from around September 14, 2010 to around October 18, 2017.

2. Defendant B Co., Ltd. had a representative A, at the time and place specified in paragraph 1, commit the act of violation as above in relation to its business.

Summary of Evidence

1. Defendant A’s legal statement

1. Certificate of violation and business registration certificate;

1. On-site photographs of violations;

1. Application of statutes governing certified copies of corporate registers;

1. Article 90 Subparag. 1, Article 23(1) (the installation and operation of non-reported air pollutants), Article 58 Subparag. 1, Article 8(1) (the installation and operation of non-reported noise and vibration emission facilities) of the Noise and Vibration Control Act, and Article 95, Article 90 Subparag. 1, Article 23(1) of the Air Environment Conservation Act (the installation and operation of non-reported noise and vibration emission facilities), and Article 8(1) (the installation of non-reported noise and vibration emission facilities) of the Noise and Vibration Control Act, Defendant B, who has selected imprisonment: Articles 95, 90 Subparag. 1, 23(1) of the Air Environment Conservation Act (the installation and operation of non-reported air pollutants emission facilities), Articles 59, 58 subparag. 1, and 8(1) of the Noise and Vibration Control Act (the installation of non-reported noise and vibration emission facilities).

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