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(영문) 대전지방법원 서산지원 2013.07.18 2012고정650

대기환경보전법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun.

A person who intends to operate a business which directly generates dust in the air without a specified outlet shall report it to the competent authorities and install facilities to control fugitive dust or take necessary measures.

Nevertheless, from April 5, 2012 to June 5, 2012, the Defendant failed to operate facilities, such as a proof cover and sprinklerr, to control the generation of dust, with respect to sand located in the place of business producing dust reported from around 150 cubic meters to around 500 cubic meters and gravel, thereby failing to take necessary measures for the generation of dust.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinions, referral of civil petitions, report on the results of guidance and inspection of places of business discharging environmental pollution, request for investigation cooperation to persons who violate environmental-related Acts and subordinate statutes, and accompanying documents;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) of the same Act concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.