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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 12, 2013, the Defendant sentenced 8 months to imprisonment for a violation of the Road Traffic Act at the Incheon District Court on December 12, 2013, and completed the enforcement of the said sentence on August 13, 2014.
The Defendant is running the steel structure manufacturing business with the trade name “E” in Seo-gu Incheon Metropolitan City D.
1. A person who intends to install a painting facility with three-year or more power violating the Clean Air Conservation Act, or a sloping facility with a power of twenty-year or more, shall file a report on installation of air emission facilities with the competent authority;
Nevertheless, the Defendant did not report the installation of air emission facilities to the competent authority from September 10, 2014 to April 17, 2015, installed and operated 7.5-mam-hour 1 and 100-mam-hour 100-mam-hour 2, which are air emission facilities.
2. A person who intends to install a sloping or compressed machine with a power violating the Noise and Vibration Control Act of at least ten miles shall report the installation of noise emission facilities to the competent authority;
Nevertheless, the Defendant did not report the installation of noise emission facilities to the competent authorities, and installed and operated a 100-year clater, which is a noise emission facility, from September 10, 2014 to April 17, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. A business trip report;
1. Investigation report (Binding of control materials) and photographs related to the violation;
1. Previous record: One copy of the current status of personal identification and confinement, and the application of Acts and subordinate statutes concerning criminal records;
1. Relevant Article of facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation and operation of unreported atmosphere emission facilities), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the Noise and Vibration Control Act (a point of installation and operation of unreported noise emission facilities), and the choice
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the fact that a repeated crime is committed during the period of sentencing, three times the sentence and three times the suspended execution, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes violating the Clean Air Conservation Act, which are heavier than the penalty) is committed during the period of repeated crimes for the reason of sentencing;