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(영문) 수원지방법원 2020.09.11 2020고정926
대기환경보전법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a representative who operates a bath business under a mutual name, “Crata,” located in Heung-gu B.

Any person who intends to install emission facilities generating specified hazardous air pollutants in excess of the standards prescribed by Ordinance of the Ministry of Environment shall obtain permission from the head of the competent administrative agency,

Around April 2016, the Defendant acquired six (9.89 cubic meters*6.34 cubic meters) air pollutants from April 2019, which are air pollutants emission facilities reported to the competent administrative agency for the purpose of running a bath business, and operated the relevant air pollutants emission facilities from June 2019. The Defendant inspected air pollution levels of emission facilities (carbonation facilities-6) in Gyeonggi-do Environment Research Institute, which were in operation at the time of January 14, 2020, even though specified hazardous air pollutants (benc and salded) exceeded the applicable standards for air pollutants emission facilities subject to installation permission, the Defendant operated the relevant air pollutants emission facilities without permission from the competent administrative agency until around March 16:00, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes as a result of an investigation report, confirmation document, etc., field photographs, and air pollution levels inspection;

1. Relevant provisions of the Act and Articles 89 subparagraph 1 and 23 (1) of the Clean Air Conservation Act concerning the selection of punishment for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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