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(영문) 인천지방법원 2014.05.01 2013고단7567
대기환경보전법위반등
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a manufacturer of main goods (co) with each other in Seo-gu Incheon, Seo-gu.

A person who intends to install facilities for the use and treatment of main engineer with a hourly treatment capacity of at least 0.1t or with a volume of volume at least one cubic meter shall file a report on the installation of facilities for the installation of facilities for the installation of facilities for the emission of air pollutants with the competent authority.

Nevertheless, from November 12, 201 to August 27, 2013, the Defendant installed and operated a facility for the use and disposal of water masters of 2.57ton for an hourly disposal capacity (13 facilities for manufacturing facilities) without filing a report on the installation of air pollutants emission facilities and the report on the installation of noise emission facilities with the competent authority.

(b) Any person who intends to install compresseds with a capacity of at least ten miles shall file a report on the installation of noise and vibration emission facilities with the competent authority;

Nevertheless, from November 12, 201 to August 27, 2013, the Defendant installed one of 50-year-hours and 30-year-hours, which are emission facilities, without reporting the installation of noise and vibration emission facilities to the competent authorities at the above workplace, and installed and operated one of 50-year-hours and 30-hours.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, Articles 58, 1, and 8 (1) of the Noise and Vibration Control Act (Selection of a fine by taking into account the fact that there are previous criminal records of the same kind, the fact that there is no other criminal records, and the fact that the new construction of a new factory is at least the risk of re-offending, etc.);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the maximum sentence);

1. Articles 70 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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