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(영문) 춘천지방법원 강릉지원 2017.06.08 2017고정75

대기환경보전법위반

Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of civil engineering construction work in Young-gu Busan Metropolitan City E, and Defendant A is a vice head of the above company and is a person in charge of F's field.

1. A person who intends to carry on the business of collecting non-metallic materials which emits dust discharged by Defendant A shall take necessary measures to suppress the generation of flying dust;

Nevertheless, on January 2, 2017, the Defendant did not take necessary measures to restrain the generation of flying dust by transporting earth and sand in the open space in G from January 2, 2017 to the open space in H.

2. The Defendant B, an employee of the Defendant, did not take necessary measures to restrain the generation of flying dust with respect to the Defendant’s business as stated in the above paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant A;

1. Legal statement of a witness I;

1. Application of accusation, on-site photographing statutes;

1. Defendant A of the pertinent Act on criminal facts: Subparagraph 5 of Article 92 of the Conservation of the atmospheric environment Act and Article 43(1) B of the same Act: Articles 95, 92 subparag. 5, and 43(1) of the Air Quality Conservation Act;

1. A fine of KRW 1,000,000 to be suspended against Defendant B; and

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 59 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: Defendant B and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act were not negligent in giving due attention and supervision concerning the relevant duties to prevent any violation of the atmospheric environment conservation Act.

The argument is asserted.

However, the following facts acknowledged by the evidence adopted by this Court, namely, the Defendant’s Research and Development Team quality management team and the Defendant’s Environment Management Division, are the case on December 15, 2016.