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(영문) 의정부지방법원 2015.07.23 2015고정1176

대기환경보전법위반

Text

1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a field agent performing the New Construction Project on behalf of the Hyundai Construction Co., Ltd. in South Yangyang-si, Namyang-si.

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

Nevertheless, from October 28, 2014 to October 30, 2014, the Defendant failed to take necessary measures to control fugitive dust, such as failing to install a stack, which is a facility to suppress the generation of scattering dust, while engaging in the work of fugitive dust (sing the floor, cleaning, dismantling, and drying) during the construction of the above apartment construction (from October 28, 2014 to October 30, 2014, in order to transport piping parts to a small-sized construction vehicle having access to the above construction site.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Clean Air Conservation Act), written confirmation, and on-site photographs;

1. Application of reporting Acts and subordinate statutes, such as business operators generating scattering dust;

1. Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) of the same Act concerning the 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;