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(영문) 의정부지방법원 고양지원 2017.01.05 2016고정1062

대기환경보전법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a field director of B, and Defendant B is a corporation with the purpose of interim disposal of construction wastes.

1. A person who intends to operate a business generating fugitive dust of Defendant A shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, on April 1, 2016, the Defendant, while carrying and unloading construction wastes from E at the place of business located in Papju on April 1, 2016, generated flying dust by not installing facilities to spread fixed or portable water around the place of business, or operating a spact facility without operating the spare facilities.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the same date, time, and place as set forth in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. A copy of a certificate of violation, a copy of business registration certificate, a copy of a report on fugitive dust generation business, and a copy of a certificate of permission for interim disposal of construction wastes;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Subparagraph 5 of Article 92 of the Air Quality Conservation Act and Article 43 (1) of the same Act;

(b) Defendant B: Articles 95, 92 subparag. 5, and 43 subparag. 1 of the Air Quality Conservation Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act