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(영문) 인천지방법원 2016.08.12 2016고정1437
대기환경보전법위반등
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 person in charge of general operation and management of a place of business as a representative of D who carries on a business of manufacturing ready-mixed products in Seo-gu Incheon Metropolitan City.

1. The Defendant violated the atmospheric environment conservation Act, even though he/she reported to the competent authority as prescribed by Presidential Decree in installing and operating emission facilities in the said workplace from January 2010 to October 16, 2015, he/she installed and operated one set of a painting facility (10.7HP), which is a standby emission facility, without reporting to the competent authority, as prescribed by Presidential Decree.

2. The Defendant violated the Noise and Vibration Control Act in installing and operating noise emission facilities at the above time and place, without reporting it to the competent authorities as prescribed by Presidential Decree, and installing and operating the compressed machine (10.7HP) which is a noise emission facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidence of documentary evidence related to the violation;

1. Application of the Acts and subordinate statutes reporting criminal place

1. Article 90 subparagraph 1 of the relevant Act and Articles 90 and 23 (1) of the Act on the Conservation of Air Quality (the installation and operation of non-reported atmosphere emission facilities), Article 58 subparagraph 1 of the Noise and Vibration Control Act, and Article 8 (1) of the Noise and Vibration Control Act (the installation and operation of non-reported noise emission facilities), the selection of fines for each crime;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount of fine for the above two crimes is aggregated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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