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(영문) 부산지방법원 서부지원 2019.08.23 2019고정108

대기환경보전법위반

Text

[Defendant A] The defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the head of the division of the corporation B and is in charge of the site director of the relevant corporation.

Any person who intends to operate a business producing scattering dust shall install facilities to control fugitive dust or take necessary measures.

Nevertheless, around August 22, 2018, Defendant A did not take any measures to suppress scattering dust while carrying out the work of generating and unloading “D” vehicles at a temporary storage yard located in Busan Seo-gu, Busan, at around 15:12.

Summary of Evidence

1. Defendant A’s legal statement

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant legal provisions and the choice of punishment for a crime, the former part of Article 43 (1) and the former part of Article 43 (1) of the Clean Air Conservation Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged, Defendant B, at the time and place of the facts charged as indicated in the judgment, was negligent in giving due attention and supervision to Defendant A while carrying out his duties at the same time and place as indicated in the judgment.

2. Article 43(1) of the Clean Air Conservation Act provides that "a person who intends to conduct a business which generates dust that emits dust without emitting it and which is prescribed by Presidential Decree shall report it to the Special Self-Governing City Mayor or the head of Si/Gun/Gu, and install facilities to control fugitive dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment. The same shall also apply to the alteration thereof." Article 92 subparagraph 5 of the same Article provides that "a person who fails to install facilities to control fugitive dust or fails to take necessary measures in violation of the former or latter part of Article 43(1) shall be punished by a fine not exceeding three million won."