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(영문) 대구지방법원 경주지원 2019.08.14 2019고정52
대기환경보전법위반등
Text

Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

(State)B is a juridical person established for the purpose of metal heat processing in P, race-si, and Defendant A is the representative director of (State)B.

1. Defendant A

A. A person who intends to install a heating channel, among air pollutant-emitting facilities that violate the Clean Air Conservation Act, in which the amount of fuel used is at least 30 km per hour, or the volume is at least one cubic meter, shall not install or operate the facility using the discharging facility without filing a report with the competent authority. On November 9, 2018, the Defendant installed seven (180 cubic meters in total) from the (B) business place located in the racing-si, Seoul, and used the facility to operate the facility by using the facility.

B. A person who intends to install wastewater discharge facilities which discharge at least a maximum of 0.1 cubic meters of wastewater containing specific substances harmful to water quality or heavy metal in violation of the Water Environment Conservation Act shall not install or operate discharging facilities without filing a report thereon with the competent authority, and the defendant shall be prohibited from installing or operating such facilities.

After installing a cooling water storage tank (a total of about 20 cubic meters), which is a wastewater discharge facility, at the time and place stated in the port, the operation was conducted using it.

2. Defendant (State)B committed a violation as described in paragraph (1) with respect to the Defendant’s business at the time and place described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Each accusation;

1. Application of Acts and subordinate statutes of D;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, subparagraph 2 of Article 76 of the Water Environment Conservation Act, and Article 33 (1) of the same Act (the installation of wastewater discharge facilities already reported);

(b) Defendant B: Articles 95, 90 subparagraph 1, 23 (1) of the Clean Air Conservation Act (a point of installation of unreported discharge facilities), Articles 81, 76 subparagraph 2, and 33 (1) of the Water Environment Conservation Act (a point of installation of unreported discharge facilities);

1. Selection of punishment: Selection of a fine for negligence;

1. Article 37 of the Criminal Code is applicable to concurrent crimes (the defendants).

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