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(영문) 의정부지방법원 2015.10.22 2015고정1426
대기환경보전법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

If a Mayor/Do Governor intends to install air discharge facilities, he/she shall report thereon.

Nevertheless, from May 2013 to March 24, 2015, the Defendant, while running a motor vehicle type restoration business in the name of “C” from May 2013 to March 24, 2015, installed a seal facility (use 61.75 cubic meters) which discharges air pollutants without reporting.

Summary of Evidence

1. A written accusation and a written statement prepared D;

1. In light of various circumstances, such as the fact that the defendant's shop work room is not a painting facility, the defendant's shop work room in the defendant's workplace is equipped with tools such as the form of the work room in this case, paint, etc., which can be known by evidence, and that he was conducting painting work at the work site at the time of regulating, it is reasonable to deem that the defendant's shop work room in the defendant's workplace falls under a painting facility as a work site with the main purpose of painting work (see Supreme Court Decision 2008Do1209, May 15, 2008).

1. Relevant provisions of subparagraph 1 of Article 90 of the Clean Air Conservation Act and Article 23 (1) of the same Act concerning facts constituting a crime.

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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