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(영문) 대전지방법원 논산지원 2014.03.11 2014고단4

대기환경보전법위반

Text

1. The Defendants shall be punished by a fine of KRW 300,000.

2. When Defendant A does not pay the above fine, 50.

Reasons

Punishment of the crime

1. Defendant A is the representative director of B Co., Ltd. which runs a construction business at the time of discussion.

A person who intends to operate a earth, sand, and rock mining business that generates scattering dust shall install facilities to control scattering dust or take necessary measures. However, the Defendant did not install and operate water control equipment, which is a facility for restraining scattering dust, when implementing a disaster risk maintenance project on a site of 18,821m2 from November 4, 2013 to November 15, 2013, when he/she implemented a disaster risk maintenance project on a site of 18,821m2 of the total area of the mining asbestos lusium in the field of lusium during the period from around November 4, 2013 to November 1

2. Defendant B, a representative of the Defendant, committed the above act of violation at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Request for investigation, a copy of a certificate of report on a business generating scattering dust, such as a request for investigation, a photographic site, and a scattering dust, the process of detection, a copy of the certified transcript of register,

1. Article applicable to criminal facts;

(a) Defendant A: Article 92 Subparag. 5 and Article 43(1) of the Clean Air Conservation Act;

(b) Defendant B corporation: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.