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(영문) 대구지방법원 서부지원 2017.07.14 2017고정60
대기환경보전법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, it shall be prohibited.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established in Daegu-gun District Co., Ltd. for the purpose of manufacturing steel structures, and Defendant A is the representative director of the said corporation.

1. A person who intends to install an emission facility of air pollutants, such as a painting facility with a capacity of at least 5 square meters for Defendant A, or with a power of at least 2.25 km, shall report in advance to the Mayor/Do Governor, and shall not install or alter an emission facility of air pollutants without filing a report or file a false report, or conduct any

Nevertheless, around September 25, 2016, the Defendant did not report the installation of air pollutants emission facilities from the Defendant’s management to the Daegu Metropolitan City Mayor, and installed the 4.86 cubic meters of volume and the power-driven 3.7kw seal facilities, and carried out a coloring operation on the part of metal transport, using that facilities.

Accordingly, the Defendant installed air pollutants emission facilities without reporting to the competent authorities, and operated them using the emission facilities.

2. Defendant B Co., Ltd. committed the act of violation as referred to in the above paragraph (1) in relation to the Defendant’s business at the same time and at the same place as above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A public official statement in D;

1. Application of accusation forms, field photographs, and examination of related Acts and subordinate statutes to the atmospheric environment conservation Act;

1. Defendant A of the relevant provision of the atmospheric environment conservation Act: Article 90 subparag. 1 and Article 23(1) of the Conservation Act, and Article 95, Article 90 subparag. 1, and Article 23(1) of the atmospheric environment conservation Act, and Article 95, Article 90 subparag. 1, and Article 23(1) of the same Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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