Text
Defendant
A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
A is the representative director of Ulsan-gun C, a corporation located in Ulsan-gun, and a person who actually controls the business affairs of the above corporation, including the environmental management of the above corporation, and the defendant corporation B is the corporation manufacturing and sealing the ship parts.
The business operator shall not perform an act of not operating the preventive facilities when he operates the emission facilities of air pollutants.
1. From March 18, 2014 to December 9, 2014, Defendant A operated an air pollutant emission facility, a painting facility (5,720 cubic meters), which is an air pollutant emission facility, (5,720 cubic meters), and did not operate the relevant preventive facility [50 cubic meters x 1), a facility for smoking (500 cubic meters x 20 cubic meters x 1), and a facility for smoking (500 cubic meters x 1), Defendant A directly discharges dust, which is an air pollutant during the pertinent period, approximately 132km, and approximately 33.3km of total hydrocarbons, into the atmosphere.
2. The Defendant B’s representative director, who is the Defendant Company B, operated a painting facility (5,720 cubic meters) which is an air pollutants emission facility, and did not operate the relevant preventive facility (nick dust-generating facility (500 cubic meters x 1), and a facility installed on a absorption (500 cubic meters x 1 x 1) during the said period, directly discharged approximately 132km of dust which is air pollutants, and approximately 33.3km of gross hydrocarbons.
Summary of Evidence
1. Defendants’ legal statement
1. The initial investigation report, violation confirmation, copy of the certificate of report on the installation of air emission facilities, the operation log of emission facilities and prevention facilities, site photographs, the current status of painting work in 2014, the operation log of emission facilities and prevention facilities, the report on the installation of air emission facilities, and the certificate of report on installation of air emission facilities;
1. Application of Acts and subordinate statutes to investigation reports (specific review reports during the period of non-air pollution prevention facilities and review reports on calculation of unauthorized emission of air pollutants);
1. Defendant A who has the relevant legal provisions and the choice of punishment for the crime: Article 89 subparagraph 3 of the Clean Air Conservation Act and Article 31 (1) 1 of the Clean Air Conservation Act; Article 95 of the Clean Air Conservation Act; Article 89 subparagraph 3 of the Clean Air Conservation Act;