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(영문) 인천지방법원 2018.09.07 2018고정1469
대기환경보전법위반등
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 operating a corporation that manufactures general households in Seo-gu Incheon, Seo-gu.

1. Any person who intends to install a emission facility of air pollutants violating the atmospheric environment conservation Act shall obtain permission from, or report to, the competent authorities, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent authority from August 1, 2017 to October 19, 2017, installed three devices for the 25.3kW sanctions facilities, respectively, including 19.4kW sanctions facilities, 1, 3.7kW sanctions facilities, 1, 3.7kW sanctions facilities, and 1, 25.3kW sanctions facilities.

2. Any person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall obtain permission from the competent authority or make a report thereon to the competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without reporting to the competent authorities, installed three facilities for sanctions as stated in the foregoing paragraph (1), which are noise emission facilities, at the place of business from August 1, 2017 to October 19, 2017, and operated each of the said places of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate, on-site photograph, and copy of business registration certificate;

1. Investigation report (on-site investigation - Confirmation of the power of a disciplinary facility) and the application of statutes;

1. Subparagraph 1 of Article 90 of the relevant Act on the Conservation of Air Quality (the point of operating an emission facility without filing a report), Article 23 (1) (the point of operating an emission facility without filing a report), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act on criminal facts (the point of operating an emission facility without filing a report);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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