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(영문) 전주지방법원 군산지원 2018.02.02 2017고정416
대기환경보전법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

1. When a business operator of a defendant A operates an emission facility of air pollutants and a preventive facility, he/she shall not install an air emitting pollutants in the head of the air control station, the discharge pipes, etc. so as to emit pollutants without passing through preventive facilities;

Nevertheless, on February 3, 2017, the Defendant installed a branch discharge pipe, etc. to discharge pollutants discharged from a liquid packing facility, which falls under the air discharge facility installed in the business site B located in Gunsan-si, Sinsan-si, Inc., and used them until the control of environmental public officials on March 3, 2017.

Accordingly, it was operated by installing a discharge pipe, etc. to discharge pollutants without passing through the Defendant’s human prevention facilities.

2. Defendant B, at the same time and place as above, the representative director A of the Defendant committed the same violation as above in relation to the business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Violations photographs;

1. Application of Acts and subordinate statutes governing registration;

1. Defendant A of the relevant Act on the crime: Article 90 subparagraph 2 of the Conservation of the Air Environment Act, Article 31 (1) 2 of the Act, Defendant B who is selected as a fine: Articles 95, 90 subparagraph 2 of Article 90, and Article 31 (1) 2 of the Act on the Conservation of the Air Quality;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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