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(영문) 인천지방법원 2017.11.17 2017고정2520
대기환경보전법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a motor vehicle repair business of the trade name C in Gyeyang-gu Incheon Metropolitan City.

A person who intends to install a painting facility or building facility of at least five square meters shall file a report on the installation of an emission facility of air pollutants with the competent authority.

Nevertheless, from October 27, 2013 to April 12, 2017, the Defendant, without reporting the installation of air pollutants emission facilities to the competent authority at the same place, was equipped with one device, which is an air pollutants-emitting facility, and operated with one device, which is an air pollutants-emitting facility.

Accordingly, the Defendant installed and operated air pollutants emission facilities without reporting the installation of air pollutants emission facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing accusation and documentary evidence;

1. Article 90 of the relevant Act on the Conservation of the Air Environment, and Articles 90 subparagraph 1 and 23 (1) of the Act on the Selection of Penalties concerning Criminal Facts, and Selection of fines;

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

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

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