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(영문) 수원지방법원 2018.01.25 2017고정2975

대기환경보전법위반

Text

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

B is a person in charge of the field management of banking works conducted by the Defendant Company at approximately approximately 2,132 m3m2 in the time of harmony.

A person who intends to conduct a project producing dust that is prescribed by Presidential Decree shall report it to the competent authority and install facilities to control fugitive dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, B, while performing the construction on May 8, 2017, at least 1/3 of the maximum height of the field-to-door C embling, installed a dust-proof net of at least 1.25 times the maximum height of the storage. However, B performed the construction without installing soundproofproof walls in the above place, and did not install facilities to control flying dust or take necessary measures.

In the end, B, the defendant's on-site warden, committed a violation as above with respect to the defendant's business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (certificate of report on fugitive dust generation projects, statement of benefits, and Internet guidance);

1. Article 95, Article 92 subparagraph 5, and Article 43 (1) of the Conservation of the Air Quality Act concerning facts constituting a crime;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;