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(영문) 창원지방법원 밀양지원 2015.11.19 2015고정209

대기환경보전법위반

Text

Defendant

A shall be punished by a fine of KRW 700,000, and by a fine of KRW 1,000,000, respectively, for Defendant B.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of state(B) and the defendant(B) is a corporation.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust emitted from defendant A shall make a report to the authorities, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take necessary measures;

Nevertheless, on April 14, 2015, the Defendant did not install a facility to control fugitive dust in the course of operating a aggregate open site in the construction site while operating the aggregate open site in Korea, from around 14, 2015.

2. Defendant (State)B (State) was a legal entity that commits an act identical to that set forth in the preceding paragraph in relation to Defendant A’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

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

(b) Company B: Articles 95, 92 subparagraph 5, and 43 (1) of the Clean Air Conservation Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;