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(영문) 춘천지방법원 강릉지원 2016.03.31 2015고단1450

대기환경보전법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000 and by a fine of KRW 1,500,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is an internal director in charge of field management, etc. in the Dong Sea Co., Ltd., Ltd., and Defendant B is a corporation established for the purpose of interim disposal of construction wastes.

1. A person who intends to conduct business prescribed by Presidential Decree which generates fugitive dust shall report to the head of a Special Self-Governing Province branch office, the head of a Si/Gun/Gu, and install facilities to control fugitive dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, on November 2, 2015, when the Defendant carried out the work of transporting and crushing wastes from the construction site B at the above company B, the Defendant installed automatic facilities and carried out necessary measures without using them when the transport vehicle enters and enters the above business site. Not only did the fixed or mobile sprinkler equipment have not been operated at the point below the aggregate fall and the point where the aggregate fall and the point where the scrap is broken down and the area surrounding the aggregate bed, but also did not install facilities to prevent flying dust and did not take necessary measures.

2. Defendant B, at the date and time, at the place specified in the above paragraph (1) above, Defendant B, who is an employee of the Defendant, committed a violation as described in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on detection of environmental offense;

1. Application of the photographic Acts and subordinate statutes;

1. Defendant A of the relevant Act on criminal facts: Article 92 subparag. 5 of the Conservation of the atmospheric environment Act and Article 43(1) B of the same Act: Articles 95, 92 subparag. 5, and 43(1) of the Air Quality Conservation Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

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