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(영문) 인천지방법원 부천지원 2019.03.15 2018고정880
대기환경보전법위반
Text

Defendants shall be punished by fine for negligence of KRW 5,000,000.

However, this judgment has become final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant who failed to report standby emission facilities is a person who manufactures furniture parts by using a sanction facility, which is an air pollutant emission facility, in Kimpo-si.

A person who intends to install emission facilities shall install emission facilities after reporting to the competent administrative agency.

Nevertheless, from the beginning of June 2018 to June 27, 2018, the Defendant produced household parts using five (5 kw totaling 60.4kw (15 kw, 11kw, 4.4kw), and operated the emission facilities without filing a report on the installation of standby emission facilities with the competent administrative agency.

(b) A person who fails to comply with an order to suspend use issued by the competent administrative agency shall comply therewith;

Nevertheless, even if the Defendant received an order of suspension of use from Kimpo-si on July 24, 2018, the Defendant failed to comply with the order of suspension of use by using and operating two sanctions facilities (a total of 30 kw (15 kw)), which are part of the relevant sanctions facilities, without reporting the installation of air emission facilities, until August 2, 2018.

2. Defendant B is a corporation established for the purpose of household and parts manufacturing and selling business, bathing office, shower manufacturing and selling business, etc.

The defendant who has not filed a report on air emission facilities shall be one of the above 1 A.

A, the representative of the defendant at the same time and at the same place as in paragraph 1(a) above, with respect to his duties.

The same violation as the paragraph was committed.

B. The Defendant who failed to comply with an order of suspension of use under the above Article 1 B.

A, the representative of the defendant at the same time and at the same place as in paragraph 1(b) above, with respect to his duties.

The same violation as the paragraph was committed.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. Each investigation report (report on detection of violation of the Clean Air Conservation Act), each written confirmation of violation, respectively.

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