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(영문) 의정부지방법원 2020.10.29 2020고단1537

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the Land Corporation and the Suspension Corporation, and the defendant A is the representative director of the above corporation.

1. On November 19, 2019, Defendant C’s representative D reported a scattering dust generation project with the content that “it will carry out the soil work and the suspension work of the size of 22,308 square meters in Ma in Macheon-si, Gyeonggi-do.” From November 21, 2019 to May 30, 2021, Defendant C’s representative D reported that “it will carry out construction work by installing dustproof walls (EGI fences x 3m x 75mL) and spact facilities.”

However, the Defendant was awarded a contract with C on December 1, 2019 for the said earth and sand works and the suspension works, and continued the said construction works around 11:00 on December 11, 2019, but did not install a dustproof wall and a spacting facility.

Accordingly, the defendant did not install facilities to control fugitive dust or take necessary measures, even though he wanted to operate a fugitive dust generation business.

2. The representative A of the Defendant Company B, as described in paragraph 1, violated the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to field photographs, copies of business registration certificates, copies of partial certificates of registered matters, scattering dust generating business, copies of official notices regarding prior acceptance of reports on specific construction works, copies of certificates of prior report on specific construction works, and copies of contract;

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

(a) Defendant A: Article 95, Article 92 subparag. 5, 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;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act, today, has increased the risk of deterioration of the air environment due to the rapid increase of air pollution sources, but the Defendants take measures to prevent dust generation before entering the construction period.