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(영문) 서울북부지방법원 2015.11.11 2015고정2249
대기환경보전법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million and by a fine of KRW 3 million, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a representative director who exercises overall control over the affairs of "B" corporation located in Dobong-gu Seoul Metropolitan Government, and Defendant B is a corporation established for the purpose of automobile maintenance business and automobile parts sales business.

1. On May 21, 2003, Defendant A operated an automobile painting facility (4 metres in cubic 110 cubic meters) on which he/she reported the installation of air emission facilities to the competent Gu office, and carried out the automobile painting work, Defendant A operated air pollution prevention facilities to purify pollutants and discharge pollutants into the atmosphere. However, on July 22, 2015, Defendant A, at around 14:00, had an employee of the said company carry out the automobile painting work outside the company’s painting facility, and discharged air pollution substances into the atmosphere without operating the preventive facilities.

2. Defendant B Co., Ltd. committed the same offense as that of the Defendant’s business at the date, time, and place under the above paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. Examination protocol prepared by a special judicial police officer against Defendant A;

1. Suppression photographs;

1. Application of Acts and subordinate statutes to all registered matters, and a report certificate on installation of atmosphere emission facilities;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 89 Subparag. 3 and Article 31(1)1 of the Clean Air Conservation Act and selection of fines;

(b) Defendant B corporation: Articles 95, 89, and 31 (1) 1 of the Clean Air Conservation Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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