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(영문) 의정부지방법원 2016.05.26 2016고정367
대기환경보전법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall install or alter emission facilities, or run any business using such emission facilities without obtaining permission from the Mayor/Do Governor or reporting thereon to the Mayor/Do Governor.

Nevertheless, from June 2014 to August 27, 2015, the Defendant did not report from the “D” workplace, which is a motor vehicle painting operated by the Defendant in Namyang-si, to the Mayor of Namyang-si, and installed one painting facility equivalent to the volume of 111 cubic metres, which is an air pollutants emission facility, and operated by using it.

Accordingly, the defendant installed emission facilities without reporting to the Mayor of Namyang-ju, and operated them using the emission facilities.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A certificate;

1. Application of statutes on site photographs;

1. Article 90 of the relevant Act on the Conservation of the Air Environment, and Articles 90 subparagraph 1 and 23 (1) of the Act on the Selection of Penalties concerning Criminal Facts, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the removal of the instant emission facilities after the instant case, taking into account the following factors: the Defendant’s age, sex, environment, motive for committing a crime, means and consequence of a crime; and the punishment as ordered shall be determined by taking into account all the following factors:

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