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(영문) 의정부지방법원 고양지원 2015.05.15 2015고정177
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 10, 2001, the Defendant is a person who is engaged in the household manufacturing industry while operating “C” in Gyeyang-gu, Soyang-gu, Gyeonggi-gu.

1. Any person who intends to install a facility emitting air pollutants in violation of the Clean Air Conservation Act shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor

Nevertheless, even though the Defendant installed and used a seal-emitting facility from the end of March 2014 to May 27, 2014 from the end of the foregoing “C,” the Defendant did not obtain permission or file a report on installation.

2. Any person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall report thereon to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or

Nevertheless, even if the Defendant installed and used the 20-year air compressedor, which is a noise and vibration emission facility, from the early May 2014 to May 27, 2014, the Defendant did not obtain permission or file a report on the installation of the said facility.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's domicile;

1. A written confirmation of violation;

1. Application of related Acts and subordinate statutes;

1. Article 90 subparag. 1, Article 23(1) of the Clean Air Conservation Act (the installation of unreported emission facilities, the selection of fines), Article 58 subparag. 1, and Article 8(1) of the Noise and Vibration Control Act (the installation of unreported emission facilities, the selection of fines) of the relevant Act on criminal facts [the amount of fines prescribed in the summary order does not exceed the amount of fines even if the defendant committed the crime even though he/she had the history and degree of the criminal conduct, and had the history of the same kind and quality in the past

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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