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(영문) 의정부지방법원 2014.02.06 2013고정972
대기환경보전법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of D located in Spocheon City C.

1. Violation of the Clean Air Conservation Act;

A. Although a person who intends to install emission facilities must report to the competent authority, the Defendant installed and operated 20HP (15K) of 20 HP, which is a standby emission facility, without reporting to the competent authority, from October 11, 2012 to December 6, 2012.

B. Notwithstanding the fact that the Defendant was unable to operate preventive facilities when he operated emission facilities, the Defendant did not operate the exhaustrative facilities by blocking supply of compressed air to operate the Damping valve on November 16, 2012 when he operated emission facilities at the said place of business.

C. Although the Defendant was prohibited from installing an air conditioners, etc. to emit pollutants without passing through preventive facilities when operating emission facilities and preventive facilities, the Defendant installed two air conditioners to emit pollutants from June 2012 to November 16, 2012.

2. The Defendant violated the Wastes Control Act, without reporting to the Minister of Environment, installed and operated 20HP (15K) in the same place and place as the foregoing paragraph 1(a).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes, such as a copy of business registration certificate, on-site verification, photographic site, and emission coefficient of emission facilities;

1. Relevant Article and Articles 90 subparagraph 1 and 23 (1) of the Clean Air Conservation Act, Article 89 subparagraph 3 and Article 31 (1) 1 of the Clean Air Conservation Act, Article 90 subparagraph 2 of the Clean Air Conservation Act, Article 31 (1) 2 of the Clean Air Conservation Act, Article 66 subparagraph 11 of the Wastes Control Act, Article 29 (2) of the Wastes Control Act, the selection of fines;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his/her defense counsel on November 2012.

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