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(영문) 서울남부지방법원 2017.01.11 2016고정2715
대기환경보전법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

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

When the car seal is affixed, the pollutants shall be purified by operating air pollution prevention facilities, and the air shall be discharged into the atmosphere.

1. On July 19, 2012, Defendant A filed a report on the installation of a standby emission facility with the competent Gu office, and operated a parking facility (2 metres in cubic metres 110.0 cubic meters), Defendant A operated a parking facility, and operated a motor vehicle-type facility (2 metres in cubic metres) on July 1, 2016, and discharged into the atmosphere without purifying pollutants by encouraging even a motor vehicle door outside of a painting facility.

2. Defendant B, at the time, and at the place of the foregoing paragraph, Defendant B, the representative of the Defendant, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of all matters to be registered in the corporation, or a copy of a certificate of reporting the installation of atmosphere emission facilities;

1. Application of Acts and subordinate statutes to photographs at the detection site;

1. Defendant A who has the choice of a relevant legal provision and punishment on a crime: Article 89 subparagraph 3 of the atmospheric environment conservation Act and Article 31 (1) 1 of the same Act, Defendant B who has the choice of a fine: Articles 95, 89 subparagraph 3 and 31 (1) 1 of the atmospheric environment conservation Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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