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(영문) 청주지방법원 2016.04.15 2015고단1766
대기환경보전법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months and by a fine of five million won;

2. The defendant A: Provided, That the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the B Co., Ltd. located in Jincheon-gun C, and the defendant B Co., Ltd is a corporation established for the purpose of waste recycling business.

No business operator who operates emission facilities and preventive facilities shall operate emission facilities without operating preventive facilities or emitting pollutants emitted from emission facilities, mixing with the air, in order to lower the degree of pollution.

1. From October 15, 2014 to September 7, 2015, Defendant A operated mination facilities (176Hx1), screening facilities (non-discharge, 15HPx 1, 2HPx 1), mixing facilities (46Hx1), which are air pollution prevention facilities, (50 cubic meters) and (50 cubic meters in cubic meters / minc meters). Defendant A failed to operate the first instance trial power concentration facilities (500 cubic meters / minc meters) and secondary facilities (50 cubic meters / minc meters) which are air pollution prevention facilities.

2. Defendant B, at the above date and place, committed the act of violation as described in the above paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Application of the provisions of Acts and subordinate statutes to the inspection table of the emission facility guidance, confirmation letter, content of violation, voluntary submission confirmation, certificate of report on emission facilities, certificate of waste recycling business, photograph, operation register of prevention facilities, investigation report (calculated as closed, reported on the measurement records), air measurement records, investigation report (report on the calculation of operating period and disposal volume), date of production ( September 2014 - August 2015), investigation report (report on the confirmation of sales amount);

1. Defendants of relevant laws concerning criminal facts: Article 89 subparagraph 3 of the Air Quality Conservation Act and Article 31 (1) 1 of the same Act: Article 95 of the Air Quality Conservation Act;

1. The choice of punishment (defendant A) by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (determination of sentence) and the defendant's age, occupation, sex, family relationship, etc.

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