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(영문) 인천지방법원 2018.01.12 2017고단7613
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 7613] The Defendant is a person who operates a manufacturer by cleaning the trade name of “C” in Seo-gu Incheon Metropolitan City.

(a) Any person who intends to install a painting facility with at least 2.25 km from violating the atmospheric environment conservation Act, shall file a report on the installation of an emission facility with the competent authority;

Nevertheless, from July 2016 to September 8, 2016, the Defendant, without reporting the installation of an air pollutant emission facility to the competent authority at the above place, was equipped with 15kw painting facilities, which are air pollutants emission facilities.

Accordingly, the Defendant installed and operated air pollutants emission facilities without reporting the installation of air pollutants emission facilities.

(b) A person who intends to install compressions at least 7.5kw of power in violation of the Noise and Vibration Control Act shall file a report on the installation of emission facilities of noise and vibration with the competent authority;

Nevertheless, from July 2016 to September 8, 2016, the Defendant did not file a report on the installation of noise and vibration emission facilities with the competent authority at the above place, and operated with 15kw with one compressed machine of power, which is a noise and vibration emission facility.

Accordingly, the Defendant installed and operated noise and vibration emission facilities without reporting the installation of noise and vibration emission facilities.

[2017 Highest 8541] The Defendant is a person who operates a manufacturer by loading the trade name of “C” in Seo-gu Incheon Metropolitan City.

Any person who intends to install a emission facility of air pollutants shall obtain permission from the competent authority or report it to the competent authority, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without reporting to the competent authority, installed one device for the power-driven facility of 5.5km from September 2016 to October 19, 2017, which is an air pollutant emission facility, in the said workplace.

Summary of Evidence

[2017 Highest 7613]

1. Statement by the defendant in court;

1. A written accusation, written statement, written confirmation, or business registration certificate;

1.Evidence photographs.

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