beta
(영문) 인천지방법원 2013.11.01 2013고정3593

대기환경보전법위반

Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. A person who intends to conduct a business which generates scattering dust and which is prescribed by Presidential Decree shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, around 11:00 on April 24, 2013, the Defendant was leased from 36,648 cubic meters of the Dwork Site in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and worked without installing all facilities for restraining generation, such as scattering dust, which are measures to be taken at the time of filing a report on the scattering dust generation project with the Incheon Seo-gu Office.

2. Defendant B, who is an employee of the Defendant, committed a violation as referred to in paragraph (1) above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Notarial Acts and subordinate statutes

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

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

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;