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(영문) 울산지방법원 2017.06.21 2017고단791
대기환경보전법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A as the representative director of corporation B in Yangsan City, a person who has overall control over the business of the above corporation, and Defendant B is the manufacturing company of water contact.

1. Defendant A

(a) Where a business operator who installs branch emission pipes operates emission facilities and prevention facilities, he/she shall not install branch emission pipes to emit pollutants without passing through prevention facilities;

On October 2016, the Defendant: (a) installed, from around early 2016, a branch discharge pipe connecting the above emission facilities and the industrial ston boiler on the first underground floor to emit air pollutants, such as 15 reaction facilities, air pollutants emission facilities, and ethylenes generated by operating 25 air pollutants at the above factory B, which were air pollutants emission facilities; and (b) discharged air pollutants to the outside via the above branch discharge pipe until the 25th day of the same month.

(b) No business operator who has failed to operate preventive facilities shall operate preventive facilities when he/she operates emission facilities;

When the Defendant manufactured water ties in the instant factory B from October 10, 2016 to October 25, 2016, the Defendant failed to operate 15 reaction facilities, which are emission facilities, and 25 mixed facilities, one of the facilities for the detailed dust in the instant facilities, which are the preventive facilities, and two of the facilities with two of the facilities (10 cubic meters and 12 cubic meters, in cubic meters and 12 cubic meters) with smoking.

2. The above A, who is the representative director of the defendant B, committed the above violation at the above time and place.

Summary of Evidence

1. Legal statement of the defendant (including the representative director of the defendant);

1. A report on investigation and attached materials (the sequence 14 through 19 of the evidence list);

1. A certificate of violation, on-site photographs, and certificate of reporting on the installation of atmosphere placement facilities;

1. Application of Acts and subordinate statutes to a copy of business registration certificate, part of registered matters;

1. Article 90 Subparag. 2 of the Air Quality Conservation Act and Article 31(1)2 of the same Act (this refers to various emission sources), if applicable, and if applicable;

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