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(영문) 대전지방법원 2019.05.03 2019고정350
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

Defendant

A is a person who operates the "B" of a comprehensive motor vehicle repair company in Daejeon-gu Seoul.

When a person who has filed a report on installation of air emission facilities installs or alters the relevant emission facilities, he/she shall install air pollution preventive facilities to ensure that pollutants emitted from such emission facilities fall below the permissible emission levels.

Nevertheless, on June 14, 2016, the Defendant reported the installation of air discharge facilities (102 cubic meters x 1) and prevention facilities (380 cubic meters x 1) in the Jung-gu Office (the separate facilities x 380 cubic meters x 1). On June 14, 2016, the Defendant violated the Clean Air Conservation Act by failing to install and operate separate facilities, which are the exclusive treatment facilities for car painting, from June 14, 2016 to August 30, 2018.

Summary of Evidence

1. Legal statement of the defendant A and the defendant B representative director B

1. The suspect interrogation protocol of the defendant A by the police;

1. The application of Acts and subordinate statutes to report the offender's place of crime, each investigation report and related photographs, all certificates to be registered, business registration, each copy of a report certificate on installation of air emission facilities, the Clean Air Conservation Act, the Enforcement Rule of the Clean Air Conservation Act

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 89 subparag. 2 and the main sentence of Article 89 subparag. 26(1) of the Clean Air Conservation Act and selection of fines;

B. Defendant B: Articles 95 and 89 subparag. 2 of the Daejeon Environmental Preservation Act, the main sentence of Article 26(1) and the selection of fines

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

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Gu opinion of the public prosecutor and summary order: Fines of 2,00,000 won; and

2. Determination of sentence: each of the 3,000,000 won defendants is divided in depth into a fine, and the installation cost of 2,800 won is required in installing preventive facilities.

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