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(영문) 창원지방법원 2013.07.02 2013고정462

대기환경보전법위반

Text

1. Defendant A shall be punished by a fine of 1.5 million won;

2. Where Defendant A does not pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is a representative director of a building civil engineering business chain, and Defendant B is a corporation established for the purpose of building and civil engineering works.

1. A person who intends to operate a business producing fugitive dust A shall report it to the competent authority and install facilities to control fugitive dust or take necessary measures;

Nevertheless, the defendant reported to the competent authority on the scattering dust generation business, and from April 4, 2012 09:00 to the same month.

5. From 10:00 to 100, the construction of new F elementary schools in Kim Sea E was carried out by using necessary aggregate vehicles at the construction site and did not take necessary measures to control dust scattering, such as leaving the breakdown of the Sejong-wheeled Vehicle's facilities to control dust dust in the transportation process, and failing to carry out the necessary measures to control dust scattering of the transport vehicle.

2. As to the business of Defendant B Co., Ltd., Defendant A, his employee, committed a violation as provided in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Application of Acts and subordinate statutes to certificates of violation and photographs on site;

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;

2. Penalty of 2,00,000 won to be suspended (with respect to Defendant B stock company)

3. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act.

4. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act (see, e.g., the fact that an illegal act was corrected immediately after control, and the details of occurrence of this case and degree

5. Defendant A of the provisional payment order: It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act.