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(영문) 청주지방법원 2019.05.02 2019고정106
대기환경보전법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates B Co., Ltd., a company manufacturing metal tanks and storage containers for installation in Jincheon-gun C.

Any person who intends to install a emission facility of air pollutants shall obtain permission from, or report to, the competent authority, as prescribed by Presidential Decree.

Nevertheless, on November 5, 2018, the Defendant, without reporting to the head of Masan-gun, the competent administrative agency, installed one device, one device, one device, and one device, one building installed in 132.3 cubic meters in cubic meters from 30.42 cubic meters, an air pollutant emission facility, at the place of business located in Jincheon-gun, Jin-gun, Jincheon-gun, Jin-gun, and one device installed in 132.3 cubic meters.

2. Defendant B, at the time and place specified in paragraph (1), committed the above violation against Defendant A, a representative of the corporation, in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Application of the accusation, written statement of accusation, on-site photographing statutes;

1. Defendant A: Article 90 subparagraph 1 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act, Article 95 and subparagraph 1 of Article 90 of the Clean Air Conservation Act, and Article 23 (1) of the Clean Air Conservation Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing period under Article 334(1) of the Criminal Procedure Act is deemed to have been neglected to report, and there are extenuating circumstances, considering the circumstances leading to the instant crime; Defendant A appears to legally report the installation of the above discharge facilities to the competent authority around November 13, 2018; and all all the circumstances leading to the conditions for sentencing, such as deterioration of management, etc., shall be determined as per the order.

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