logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.25 2018고정1035
대기환경보전법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person who operates a business of manufacturing products of infant care education in Seo-gu Incheon Metropolitan City D, and Defendant B is a corporation established for the purpose of manufacturing products of infant care education.

1. Defendant A

(a) A person who intends to install a painting facility, the volume of which is at least five cubic meters or the power of which is at least 2.25km, among emission facilities of the atmosphere, shall file a report on installation of a atmospheric emission facility with the competent authority;

Nevertheless, from December 2015 to October 20, 2017, the Defendant was equipped with two presses and 15 km-powered electric power for the seal of timber products at the above location, and operated the fishery products using the above facilities to the competent authority without reporting the installation of emission facilities.

(b) A person who intends to install at least 7.5km of power from among noise emission facilities shall file a report on the installation of noise emission facilities with the competent authority;

Nevertheless, from December 2015 to October 20, 2017, the Defendant had at least 15 km of power (15kW 1st, 7.5kW 1st, and 15kW 1st, and operated the said facilities to the competent authorities without reporting noise emission facilities, for the painting of timber products and the operation of air pollution prevention facilities.

2. Defendant B Co., Ltd. committed an act of violating the foregoing paragraph 1 with respect to A’s business, the representative director, at the same place during the period specified in the above paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate, on-site photograph, and a copy of business registration certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of investigative data);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Determination of each fine, under Article 90 subparag. 1, Article 23 subparag. 1 (a) of the Air Quality Conservation Act, Article 58 subparag. 1, and Article 58 subparag. 1 of the Noise and Vibration Control Act (a point of installation of unreported noise emission facilities), and Article 8(1) of the Noise and Vibration Control Act;

B. Defendant B:

arrow