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(영문) 인천지방법원부천지원 2020.09.08 2020고정410
대기환경보전법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

When a person operates an emission facility of air pollutants, he/she shall not operate a preventive facility or shall not emitting pollutants emitted from the emission facility, mixing with air, in order to lower the degree of pollution.

Nevertheless, from October 2, 2018 to January 2, 2019, the Defendant operated “C” places of business operated by the Defendant located in Seocheon-si B and the second floor, which is an emission facility of air pollutants (x1 cubic meters in 9.9 cubic meters), painting facilities (x1 cubic meters in 4.7 cubic meters), and building facilities (x1 cubic meters in 4.7 cubic meters), and operated without installing part of the active carbon, which is an air pollutant emitting substance, thereby discharging pollutants emitted from emission facilities, by mixing the air with the pollutants emitted from emission facilities.

Summary of Evidence

1. Report of the suspect's interrogation of the accused on the accused's legal statement (violation of the Clean Air Conservation Act) - Criminal facts - Confirmation card - Certificate of guidance and inspection of emission facilities - Certificate of business registration - Certificate of report on the installation of atmospheric emission facilities - Copy

1. - Electronic tax invoices (b. 2018) - Electronic tax invoices (b. 2018) - Waste transfer certificates and measurement certificates (related to active carbon on September 2019) - Each investigation report (report on investigation command, report on the details of the measures taken against the suspect in the course of interrogation, and investigation report, including the details of active coal replacement, etc.) shall apply to statutes.

1. Article 89 Subparag. 3, Article 31(1)1 (a) of the Clean Air Conservation Act, and Article 89 Subparag. 3 and Article 31(1)1 of the Clean Air Conservation Act regarding the crime of this case are led to the confession of the crime of this case and the Defendant who selects

However, the instant crime was committed by the Defendant from October 2018 to operate air pollutants emission facilities without installing a proper air pollution absorption system. In light of the period, method, and consequence, etc. of the crime, the crime is not good, and the Defendant is punished by a fine not exceeding one million won due to the violation of the Clean Air Conservation Act in 2000, and the same in 2015.

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