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(영문) 의정부지방법원 2012.09.13 2012고정1880

대기환경보전법위반

Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. On May 8, 2008, for the purpose of collecting and selling aggregate, manufacturing non-metallic minerals, etc., Defendant A is the representative and actual operator of “stock company B” established in Namyang-si, Namyang-si, and a person who intends to conduct a business producing scattering dust shall report it to the competent authority, and install facilities to control scattering dust or take necessary measures.

Nevertheless, the Defendant, without reporting to the competent authorities, operated a place of business without implementing measures to restrain scattering dust because he/she did not install a cover cover for dust-proof substances, three wheeled facilities, and air-conditioning bells, etc. at the same place from February 3, 2012 to March 29, 2012, when he/she generated scattering dust.

2. Defendant B, at the same time and place as above, did not install necessary facilities to control fugitive dust as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of violation;

1. Copy of business registration certificate;

1. Copies of all the registered matters;

1. Application of Acts and subordinate statutes on site inspection photographs and sites;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

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

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