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(영문) 서울동부지방법원 2018.10.05 2017고정1148

소음ㆍ진동관리법위반

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of overall control over the “D” site being executed by the Gangdong-gu Seoul Metropolitan Government Group C.

Where a person who generates noise and vibration has been ordered by the competent Gu office to suspend the production of noise and vibration in excess of the control standards, he/she shall comply with such order.

Nevertheless, the Defendant, on November 9, 2016, issued an order to suspend noise and vibration-generating activities prohibiting the use of machinery and equipment subject to prior reporting on a specific construction project from November 11, 2016 to November 13, 2016 by the competent authority in excess of 65dB (A) which is the noise control standard for living noise at the above construction site on November 15:35, 2016, but failed to comply with an administrative disposition order issued by the competent authority by using two mined seasons from the above construction site on November 13, 2016.

2. Defendant B is a corporation with the purpose of civil engineering, construction, water supply, sanitary heating and cooling, mechanical construction business, electrical construction business, fire equipment construction business, and its ancillary business.

A in charge of the environmental management affairs of the defendant is the date and time set forth in paragraph 1. The defendant's work at the location set forth in paragraph 1.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to G, H and I;

1. A written confirmation and written opinion;

1. A written administrative disposition order (5j), a certificate of prior report on specific construction works, minutes, and a letter of request for compliance with noise and vibration control standards and submission of reduction measures during construction works [the Defendants and the defense counsel are caused to this case without reporting to the Defendants, and there is no intention on the Defendants A with respect to the act of violating the suspension order of this case, and there is no intention on the part of the Defendants A with respect to the act of violating the suspension order of this case without reporting to the Defendants, and the Defendants B Co., Ltd. did not recognize the facts charged as to the Defendants