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(영문) 인천지방법원 2020.11.25 2020고정984
대기환경보전법위반
Text

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

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

Reasons

Punishment of the crime

If a person intends to install emission facilities, the volume of which is at least five cubic meters or the power of which is at least 2.25 km, he/she shall report thereon to the relevant agency, and shall not install or alter emission facilities without filing a report or file a false report, or run business using such emission facilities.

Nevertheless, from November 1, 2018 to August 26, 2019, the Defendant, without reporting at the trade name “C” located in Yeonsu-gu Incheon Metropolitan City’s place of business, installed a seal frame connected to 7.5kw (10 miles) and performed the automobile painting work using the above seal facilities.

The defendant of Yeonsu-gu, Incheon, is a person who runs a motor vehicle painting business under the trade name of "C" in Yeonsu-gu, Incheon.

Anyone who intends to install an emission facility of air pollutants shall obtain permission from the Mayor/Do Governor or report thereon to the Mayor/Do Governor, as prescribed by Presidential Decree.

Nevertheless, between January 20, 2020 and February 19, 2020, the Defendant, without reporting to the pertinent agency, installed a painting frame connected to the air compresseders of approximately 300 cubic meters of power 7.5 kilowatt, with a seal frame connected to the air compresseders of approximately 7.5 kilowatts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the business registration certificate for the guidance and inspection of emission facilities (C) and C on-site photographs of each statement;

1. Relevant statutory provisions regarding criminal facts and Articles 90 subparag. 1 and 23(1) of the Clean Air Conservation Act (amended by Act No. 1504, Nov. 1, 2018; Act No. 15054, Aug. 26, 2019; Act No. 1513, Feb. 19, 2020; Act No. 1514, Feb. 19, 2020; Act No. 15544, Feb. 1, 2020; Act No. 1854, Feb. 19, 202;

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