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(영문) 부산지방법원 서부지원 2020.05.14 2019고정941
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A fails to pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B located in Busan C, and the defendant B is a corporation established for cement brick manufacturing business.

1. A person who intends to install a standby emission facility pursuant to Article 23 (1) of the Clean Air Conservation Act shall file a report on installation with the competent authority;

Nevertheless, the Defendant installed and operated a mixture facility (use 4.26 square meters, power 22kW) from April 2017, a mixture facility (use 4.26 square meters, power 22kW) in a corporation located in Busan Seo-gu C, Busan, and did not report the installation of standby emission facilities.

2. A, who is the representative director of the defendant B, committed a violation as described in paragraph (1) concerning the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate;

1. On-site photographs;

1. Copy of a whole certificate of registered matters;

1. Application of Acts and subordinate statutes to a report on investigation into emission facilities;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Subparagraph 1 of Article 90 and Article 23(1) of the former Clean Air Conservation Act (Amended by Act No. 1626, Jan. 15, 2019; hereinafter the same shall apply) (Selection of Fines)

(b) Defendant B: Articles 95, 90 subparag. 1, and 23(1) of the former Clean Air Conservation Act (Selection of Fines);

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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