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(영문) 인천지방법원 2016.09.29 2016고단4512
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 12, 2013, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on December 12, 2013, and completed the execution of the sentence on August 13, 2014.

[Criminal facts] The Defendant has been engaged in manufacturing steel structures with the trade name “F” in Seo-gu Incheon, Seo-gu.

1. A person who intends to install a painting facility or a slope facility with at least 2.25 kmw of power violating the atmospheric environment conservation Act, or with at least 15 kmw, shall file a report on the installation of a atmospheric emission facility with the competent authority;

Nevertheless, the Defendant, without filing a report on the installation of air discharge facilities with the competent authority, installed and operated each of the 11kw 1st and 75kw 1 equipment at the above place from March 2016 to June 14, 2016.

2. A person who intends to install a compressed machine with at least 7.5kw of power in violation of the Noise and Vibration Control Act or a sloping machine with at least 7.5kw of power shall report the installation of noise and vibration emission facilities to the competent authority;

Nevertheless, the Defendant, without reporting noise emission facilities to the competent authorities from March 2016 to June 14, 2016, installed and operated a compressed machine 11kw, which is a noise emission facility, 75kw 1, and 120kw at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (Attachment of control materials) and an investigation report (the current status of contamination taken at an airline);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

1. Decision of imprisonment with prison labor for a crime under subparagraph 1 of Article 90, Article 23 (1) (a point of installation of unreported atmosphere emission facilities), Article 58 subparagraph 1, and Article 8 (1) of the Noise and Vibration Control Act (a point of installation of unreported noise emission facilities) of the relevant Act on the conservation of the atmospheric environment, and the selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant's reasons for sentencing in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes) are the same crimes.

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