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(영문) 인천지방법원부천지원 2020.10.15 2020고정358
대기환경보전법위반등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A operates a place of business that conducts the business of manufacturing sculptures in the Ddong of the building Kimpo-si, Kimpo-si.

Any person who intends to install emission facilities not reported on installation of standby emission facilities shall report thereon to the competent administrative agency.

Nevertheless, on December 20, 2019, the Defendant installed one seal facility (13m x 1.3m x 1.3m x 1.35m) which is a standby emission facility, and operated the facility using discharging facilities from that time to December 24, 2019 without filing a report on the installation of discharging facilities with the competent administrative agency until December 24, 2019.

(b) Any person who intends to install emission facilities not reported on installation of noise emission facilities shall report to the competent administrative agency.

Nevertheless, on May 2018, the Defendant installed one compressed machine (power 7.5kW), which is a noise emission facility, and operated the facility using the emission facility from that time to June 28, 2019 without reporting the installation of emission facilities to the competent administrative agency.

2. Defendant B is a corporation established for the purpose of manufacturing sculptures.

The defendant committed a violation, such as Paragraph (1), in relation to the business by the representative A of the corporation B, at the same time and place as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written confirmation of violation;

1. Copies of each business registration certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 90 subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the same Act, subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the same Act, Article 95, subparagraph 1 of Article 90 of the same Act, Article 23 (1) of the same Act, Article 95 of the Clean Air Conservation Act, Article 90 of the same Act, Article 59, subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the same Act, and Article 8 (1) of the same Act;

1. Of concurrent crimes, the maximum amount under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be applicable;

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