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(영문) 인천지방법원 2016.10.07 2016고정2519
대기환경보전법위반등
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

The defendant is the representative of the C manufacturing household in Seo-gu Incheon, who has overall control over the operation and management of the workplace.

1. Any person who intends to install facilities that are located in violation of the Clean Air Conservation Act, the volume of which is five cubic meters or more, or the power of which is 2.25km or more, shall file a report on the installation of air emission facilities with the competent authority;

Nevertheless, from November 6, 2014 to June 13, 2016, the Defendant installed 87.93 cubic meters (7.9mL x 4.2mW x 2.65mH) from the above location, and operated one motor vehicle for a painting facility with 7.5kW without reporting the installation of air discharge facilities to the competent authority.

2. A person who intends to install compressed machines with a power which is a noise emission facility in excess of 7.5km shall report on the installation of noise and vibration emission facilities to the competent authority;

Nevertheless, from November 6, 2014 to June 13, 2016, the Defendant installed and operated the compressed machine 7.5kW x 2 at the competent authority without reporting the installation of noise and vibration emission facilities.

Summary of Evidence

1. Defendant's legal statement;

1. On-site inspection photographs;

1. Application of the Extradition Report Act

1. Relevant Article of facts constituting an offense, subparagraph 1 of Article 90 of the Clean Air Conservation Act, Article 23 (1) of the Clean Air Conservation Act (a point of installation and operation of unreported atmosphere emission facilities), subparagraph 1 of Article 58 of the Noise and Vibration Control Act, Article 8 (1) of the Noise and Vibration Control Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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