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(영문) 대전지방법원 논산지원 2014.03.11 2014고단3

대기환경보전법위반

Text

1. The Defendants shall be punished by a fine of KRW 300,000.

2. When Defendant A does not pay the above fine, 50.

Reasons

Punishment of the crime

1. Defendant A is the representative director of B Co., Ltd. who runs a construction business on the C and 3rd floor at the time of discussion.

A person who intends to perform civil engineering works of not less than 1,00§³ of a construction area which generates dust, shall install facilities to control dust scattering or take necessary measures. However, the Defendant did not install and operate a facility to control dust scattering, while performing soil construction works of not less than 1,00§³ of construction area, among the E improvement projects subcontracted by Dail Total Construction Co., Ltd. from August 16, 2013 to November 15, 2013, among the E improvement projects subcontracted by Mail Total Construction Co., Ltd. from Seosan-si, Seosan-si.

2. Defendant B, a representative of the Defendant, committed the above act of violation at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Request for investigation, a photographic site, a statement of detection, a copy of the certified transcript of corporate register, a copy of standard subcontract contract for construction business, and a certificate of report, such as fugitive dust generation business, each entry in the business log report or

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: 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. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.