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(영문) 인천지방법원 2016.11.04 2016고정2379
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 operates a motor vehicle restoration enterprise, such as car luminous d' and removal of defects, with the trade name of "D" in Gyeyang-gu Incheon Metropolitan City.

A person who intends to install a painting facility (including powder-free, powder-free, bed, and dry facilities) the volume of use of which is at least 5 cubic meters or the power of which is at least 2.25km, and a drying facility the volume of use of which is at least 60 km per hour, or the volume of which is at least 5 km or the volume of which is at least 2.25 km, shall file a report on the installation of a standby emission facility with the competent authority.

Nevertheless, from August 201 to March 8, 2016, the Defendant did not file a report on the installation of air emission facilities with the competent authority in the said place, and installed the seal facilities and the interior-use facilities of 54.234 cubic meters from the inside of the workplace (work rooms ① 54.234 cubic meters, work rooms ② 163.34 cubic meters, work rooms ②) which are the granular facilities generating granular matter in 109.1 meters, and operated them using such emission facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographs of the scene of the violation and on-site measurement photographs;

1. Investigation report (in-house investigation report on the actual use of suspect paints), investigation report (in-house re-measurement report on the separation facility in a suspect's place of business);

1. Paint purchased by the suspect (as of February 5, 2016), paint and sheet purchased by the suspect (as of March 19, 2016), a statement of trade in tet and sheet products purchased by the suspect (as of December 4, 2015 to March 19, 2016), a statement of trade in tet and sheet products purchased by the suspect (as of March 19, 2016 to March 19, 2016), and data of mste for automobile repair (conck) related to the application of statutes.

1. Relevant Article 90 subparagraph 1 of the Clean Air Conservation Act and Articles 90 and 23 (1) of the same Act and the selection of fines concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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