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(영문) 창원지방법원 거창지원 2020.05.20 2020고정33
대기환경보전법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the manufacturing business under the trade name “C” in Chang-gun, Chungcheongnam-si.

Any 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 2.25 km, among air emission facilities, shall obtain permission from the Mayor/Do Governor or file a report thereon to the Mayor/Do Governor

Nevertheless, the defendant did not report to the competent authority and from July 26, 2019 to the same year.

7. From the date of September 29, the pertinent “C” place of business installed a painting facility with a volume of 104 cubic meters in cubic meters and used the seal work.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the ledger of photographs on the place of violation and written confirmation;

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act and Article 23 (1) of the same Act and the selection of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fine shall be partially reduced, taking into account the fact that the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the mistake and does not repeat the offense, the fact that the report on the installation of air emission facilities was made on November 28, 2019, and the fact that it is the initial offender, etc.

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