소음ㆍ진동관리법위반
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the head of the Construction Site of Treatment Construction Co., Ltd., the Construction Business Center of D New Construction in Yangcheon-gu Seoul Metropolitan Government and nine parcels.
The head of a Si/Gun/Gu, etc. may order a person who generates noise to take necessary measures, such as the adjustment of working hours, the dispersion and suspension of the production of noise and vibration, the installation of soundproof and vibration-proof facilities, and the use of construction machinery which produce less noise prescribed by Ordinance of the Ministry of Environment, if the living noise and vibration generated at a place of business, a construction site, etc. exceeds the regulatory standards, and no person
On June 30, 2014, when the Defendant is carrying out construction works at the construction site at the above new construction site on or around June 30, 2014, the Defendant generated noise from 67dB exceeding 65dB, which is the standard for regulating living noise at the construction site at a residential area, due to a f5dB, and was ordered by the head of Yangcheon-gu on the same day to implement a measure ordering the dispersion of noise and vibration generation, etc. Accordingly, the Defendant was obligated to take the measure accordingly
Nevertheless, on July 7, 2014, the Defendant did not comply with the above order to take measures and caused the noise of 67dB exceeding the standard of living noise due to f7dB’s installation work at the construction site.
Accordingly, the Defendant violated the order to take measures such as the dispersion of noise and vibration generation activities from the head of Yangcheon-gu.
Summary of Evidence
1. Legal statement of witness E;
1. Application of the Acts and subordinate statutes of the Noise and Vibration Control Act and the Act and subordinate statutes of the accusation, violation confirmation, workplace noise outcome table and report;
1. Article 58 of the Noise and Vibration Control Act and Articles 58 subparagraph 4 and 23 (1) of the Noise and Vibration Control Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;