beta
(영문) 수원지방법원 안산지원 2015.07.09 2015고정768

대기환경보전법위반

Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

(B) The sentence of sentence against a stock company shall be suspended.

Defendant .

Reasons

(b) Crime history;

1. Defendant A is a representative of a construction firm who is responsible for general supervision over the construction site of (main) D building in the name of “B Co., Ltd. at the seat of a member of the Gyeonggi-si Group.”

A person who intends to operate a business generating dust emitted shall report it to the head of the competent administrative agency, and install facilities to control fugitive dust or take necessary measures.

Nevertheless, from February 28, 2015 to March 25, 2015, the Defendant did not install facilities or take necessary measures to control fugitive dust, such as EGIx (H:2.4m*70m), EGIx (H:2.4m) EGIx (H:2.4m), EGIx (H:1m), EGIx (H:1m) * (L:214m), portable sprinkler facilities, 2 equipment for portable sprinklers, and proof cover.

2. Defendant B is a corporation established for the purpose of construction business, etc.

A, the representative director of the defendant, committed the same violation as paragraph 1 in relation to the defendant's business at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes respectively to the investigation report, certificate, field photograph, and copy of the business registration certificate; and

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 corporation: the main sentence of Article 95, Article 92 subparag. 5, and Article 43(1) of the Clean Air Conservation Act;

1. Defendant B, who is under the suspension of sentence: Fine of 700,000 won;

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

1. Defendant B corporation of suspended sentence: Article 59(1) of the Criminal Act - The sentence of a fine shall be suspended by taking into account all circumstances, such as the fact that it appears that the necessary measures have been taken pursuant to the law after the crime of this case; the fact that the pertinent case appears to have a significant disadvantage, such as the order of construction completion, etc., of the corporation

1. Defendant A of the provisional payment order