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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is a person who operates a metal company for automobile parts with the trade name of "E" in Ansan-si.
1. No business operator who violates the Act on the Preservation of Water Quality and Aquatic Ecosystems shall discharge water pollutants in excess of the permissible discharge standards by failing to normally operate discharging facilities and prevention facilities without justifiable grounds;
Nevertheless, around 10:45 on June 13, 2016, the Defendant discharged wastewater exceeding the permissible discharge level with 3.56mg/liter (based on 1mg/liter) in the Si (CN), which is a specific water harmful substance, due to the Defendant’s failure to put in drugs, which is a water pollution prevention facility, at the above place of business on the basis of 10:45 on June 13, 2016, in which the Defendant discharges wastewater exceeding the permissible discharge level with 6.10mg/liter (based on 5mg/liter) in a smoke (based on 3mg/liter).
2. Any person who intends to install emission facilities that have specific air harmful substances in violation of the Conservation of Air Quality Act shall obtain permission for the establishment of branch offices in Gyeonggi-do;
Nevertheless, the Defendant, at the above date and place, installed 5 meters (use 3.97 cubic meters x 5 meters x 5 in cubic meters) from June 2013, where nitrok, which is a specific air harmful substance, was generated without obtaining permission for the branch office of Gyeonggi-do.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G in part;
1. The result of the inspection of pollution level of wastewater, the first reply and the test report;
1. Determination as to each on-site photograph defendant and defense counsel's assertion
1. Relevant Regulations on Air Quality Conservation - The definitions of terms used in Article 2 (Definition) of the said Act shall be as follows:
11. The term "air pollutants" means a facility, machine, apparatus, and other objects discharging air pollutants into the atmosphere, which are determined by Ordinance of the Ministry of Environment;
Article 23 (Permission to Install and Report on Installation of Emission Facilities) (1) A person who intends to install emission facilities shall obtain permission from a Mayor/Do Governor or report to a Mayor/Do Governor, as prescribed by Presidential Decree.
- Article 89 (Penalty Provisions)