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(영문) 창원지방법원 2013.07.03 2013고정303

대기환경보전법위반

Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the head of the site of national expressway construction work conducted between B and F in Kimhae-si, and the defendant corporation B is a corporation established for the purpose of import and export business, civil engineering, construction, packing, etc.

1. A person who intends to conduct a business prescribed by Presidential Decree which generates dust directly into the air without a specific discharge outlet by Defendant A shall file a report thereon with the Mayor as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take necessary measures;

Nevertheless, around 12:00 on October 19, 2012, the Defendant did not install a dust-proof or fire-proof wall on the boundary of a construction site and caused dust-proof dust.

2. Defendant B, at the same time and place as paragraph (1), committed the same offense as Paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. A written accusation;

1. Each statement and each written confirmation of violation;

1. Application of statutes on site 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) Defendant B: 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 Co., Ltd.);

3. Articles 70 and 69 (2) of the Criminal Act (or against Defendant A).

4. Article 59 (1) of the Criminal Act of the suspended sentence (with respect to Defendant B, the following factors shall be considered: (a) the violation was corrected immediately after the control by an administrative agency; (b) the developments leading up to the occurrence of this case; the degree of fugitive dust; and the degree

5. Article 334 (1) of the Criminal Procedure Act (A against Defendant A) of the provisional payment order.