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(영문) 창원지방법원 2018.10.11 2018고정417
대기환경보전법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual general manager of C who manufactures industrial machinery parts in Kimhae-si B.

1. A person who intends to install an emission facility of air pollutants in violation of the Air Quality Conservation Act shall file a report with the competent authority, and shall not operate any business using an unreported emission facility, but the Defendant installed one meter, which is an emission facility of air pollutants (power 7.5km and volume 211.2 cubic meters), not reported to the competent authority, between February 22, 2018 and February 23, 2018.

2. A person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall file a report with the competent authority, and shall not operate any non-reported noise and vibration emission facilities. However, during the period from B from February 23, 2012 to February 23, 2018, the Defendant installed a compressed machine (power 7.5kW) 1, which is a noise emission facility not reported to the competent authority at the pertinent C’s place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate;

1. A report on detection of an investigation;

1. Application of Acts and subordinate statutes to photographs verifying the scene of violation, and photographs verifying the site;

1. Relevant Article of the Act on the Conservation of Air Quality, Articles 90 subparagraph 1 and 23 (1) of the Act on the Selection of Air Quality, Article 58 subparagraph 1 and Article 8 (1) of the Noise and Vibration Control Act, the selection of fines for negligence concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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