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(영문) 수원지방법원 2019.01.31 2018고정88
대기환경보전법위반
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Defendants shall be punished by a fine of KRW 4,000,000, respectively.

Defendant

A fails to pay the relevant fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a asphalt manufacturing business under the trade name “B Co., Ltd.” in Young-gu, Young-gu.

Any person who intends to install emission facilities generating specified hazardous air pollutants in excess of the standards prescribed by Ordinance of the Ministry of Environment shall obtain permission from a competent authority, as prescribed by Presidential Decree.

However, from March 2016 to June 20, 2017, the Defendant installed and operated the atmosphere emission facilities in excess of the standard prescribed by Ordinance of the Ministry of Environment (based on 0.1 pm) from 4.81 pm (based on 0.1 pm) and from 115.9 p.m. (based on 10ng/S cubic meters), which are specified hazardous air pollutants, and used the atmosphere emission facilities in excess of the standard prescribed by Ordinance of the Ministry of Environment (based on 10ng/metres).

2. Defendant B Co., Ltd. is a corporation established for the purpose of manufacturing asphalts.

The representative director A of the defendant committed the same violation as the preceding paragraph in relation to the defendant's business at the time and place mentioned above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against Defendant A;

1. Each police statement made to D and E;

1. A statement prepared in F;

1. Test results;

1. Copy of a certificate of report on standby emission facilities;

1. Application of Acts and subordinate statutes to a report on standby emission facilities;

1. Defendant A: Article 89 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (Selection of Fine): Article 95, Article 89 subparagraph 1 of the Clean Air Conservation Act, and Article 23 (1) of the Clean Air Conservation Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. G Co., Ltd. shall not exceed one meter in cubic meters from 828 cubic meters/HR 1 and one mix facility 2.72 cubic meters from 828 cubic meters, which is a building facility for asphalts constructed in Heung-gu, Young-si, G Co., Ltd. on March 3, 1983

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