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(영문) 대전지방법원 홍성지원 2016.09.29 2016고정90

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a representative at the site of the E-school relocation construction in Hongsung Group D, and Defendant B is a corporation established for the purpose of construction, civil engineering, electricity, fire fighting equipment construction business, etc.

1. A person who intends to operate a business generating fugitive dust of Defendant A shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, around 11:30 on October 11, 2015, the Defendant generated flying dust without installing facilities to control flying dust, such as installing fixed or portable water-speaking facilities or installing a dust-proof preventing device around the place where buildings are loaded or unloaded at the construction site of the E school located in Hong-gun, Chungcheongnam-gun.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the same date, time, and place as set forth in paragraph (1).

Summary of Evidence

1. The defendant A's partial statement

1. Partial statement of the witness F;

1. Each written statement prepared by G, H and Defendant A;

1. A written accusation;

1. A written statement of control officials;

1. Records of the violation site;

1. In the following circumstances acknowledged by the evidence duly adopted and investigated by the court, Defendant A, as a person in charge of the construction site of this case, was required to install facilities to control fugitive dust or to take necessary measures, and thus, Defendant A did not attend the construction site.

Even if there is no change in installing facilities to suppress the generation of scattering dust or taking necessary measures, it will be said that there is no change.