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(영문) 의정부지방법원 2016.12.15 2016고단3270
대기환경보전법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 24, 2004, the Defendant received a summary order of KRW 3 million as a result of a violation of the Clean Air Conservation Act from the Jung-gu District Court, and on October 20, 2014, the same court received a summary order of KRW 1 million for the same crime. On November 16, 2015, the Defendant received a summary order of KRW 760,000 as a fine for the same crime.

【Criminal Facts】

Any person who intends to install an emission facility of air pollutants, other than an emission facility of air pollutants which emits not less than the standards prescribed by relevant Acts and subordinate statutes, shall report it to the competent authority, and any person who intends to install noise and vibration emission facilities shall report

Nevertheless, from November 17, 2015 to June 20, 2016, the Defendant did not report to each competent authority on the “C, which is a signboard colorer for Defendant’s operation, located in B, Namyang-si, and did not report to each competent authority on the air pollutants emission facilities, each volume of 396 cubic meters, 324 cubic meters, and 2 in the painting room of 324 cubic meters, the air pollutants emission facilities and the power of 7.5km, the noise and vibration emission facilities.

Accordingly, the Defendant, without reporting to the competent authorities, operated the business using a seal facility, which is an air pollutant emission facility, and operated the business using a noise and vibration emission facility.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, statement of the suspect, photograph of the emission facilities not reported or operated site, and a copy of the legal provisions;

1. Application of Acts and subordinate statutes on the inspection table of discharge facilities;

1. The indictment under Article 90 subparag. 1 and Article 23(1) of the Clean Air Conservation Act (the point of operation using non-reported air pollutants) and Article 58 subparag. 1 of the Noise and Vibration Control Act regarding criminal facts is stated as the case of the indictment under Article 57 subparag. 1 of the Noise and Vibration Control Act. However, according to each of the above evidence, the above compresseds, etc. clearly indicate that they are non-reported noise and vibration emission facilities.

Article 8(1).

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