logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.09.08 2016고단4507
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a household manufacturing business chain in Seo-gu Incheon Metropolitan City.

A person who intends to install a control facility with a power of at least 15 kmw shall report the installation of an air pollutant emission facility to the competent authority, and a person who intends to install a control facility with a power of at least 15 kmw shall report the installation of a noise emission facility to the competent authority.

Nevertheless, the Defendant did not report the installation of air pollutants and the installation of noise emission facilities to the competent authority, and installed one control facility for 18.5kw, which is an air pollutants emission facility and noise emission facility, from October 17, 2015 to June 14, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of violation and an on-site photograph (six pages);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of control materials), investigation reports (Attachment of a factory site to a land use planning facility), investigation reports (and confirmation of the mother's power connected to the restraint facility);

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (the installation and operation of facilities emitting air pollutants already reported, the choice of imprisonment), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act (the installation and operation of facilities emitting air pollutants not reported, and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., that the defendant recognizes and reflects the crime, that the factory is transferred, and that the defendant does not repeat the crime; that there is no criminal history exceeding the fine);

arrow