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(영문) 의정부지방법원 고양지원 2014.05.09 2014고정427
대기환경보전법위반등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, a corporation established for the purpose of manufacturing interior furniture in P, D, and E. In cases of household manufacturing facilities which are not less than five cubic meters or more in volume and are installed and operated, a report on the installation of air pollutants emission facilities shall be filed with the competent administrative agency in accordance with the Clean Air Conservation Act in accordance with the Clean Air Conservation Act, and in cases of installing and operating compressors with not less than ten miles in volume, a report on installation of noise emission facilities shall be filed in accordance with the Noise

1. Nevertheless, from February 11, 2012 to September 26, 2013, Defendant A operated a business without filing a report on installation of air pollutants emission facilities and noise emission facilities with respect to the said facilities using the painting room of 151.875 cubic meters in cubic meters and one unit of air compresseders with 15 miles power, which falls under the emission facilities installed at the place of a stock company B from February 11, 2012 to September 26, 2013.

2. Defendant B, at the above date and place, committed the above violation against A, a representative director, in relation to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A business trip report, a certificate of violation, and on-site photographs;

1. Application of statutes to the certified transcript of the corporation register;

1. Defendant A: Article 90 subparagraph 1 of the same Article of the Clean Air Conservation Act, Article 23 (1) of the same Act, subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the Noise and Vibration Control Act, Article 95, subparagraph 1 of Article 90, Article 23 (1) of the Clean Air Conservation Act, and Article 95, Article 90 subparagraph 1 of the same Act, Article 23 (1) of the same Act, and Article 59, subparagraph 1 of the Noise and Vibration Control Act, Article 58 (1) of the same Act, and Article 8 (1) of the same Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act, respectively.

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